## I

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(Legislative acts)
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# DIRECTIVES

### DIRECTIVE (EU) 2023/1791 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

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of 13 September 2023
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on energy efficiency and amending Regulation (EU) 2023/955 (recast)
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(Text with EEA relevance)
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THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
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Having regard to the Treaty on the Functioning of the European Union, and in particular Article 194(2) thereof,
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Having regard to the proposal from the European Commission,
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After transmission of the draft legislative act to the national Parliaments,
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Having regard to the opinion of the European Economic and Social Committee(^1 ),
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Having regard to the opinion of the Committee of the Regions(^2 ),
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Acting in accordance with the ordinary legislative procedure(^3 ),
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Whereas:
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(1) Directive 2012/27/EU of the European Parliament and of the Council(^4 ) has been substantially amended several
times(^5 ). Since further amendments are to be made, that Directive should be recast in the interests of clarity.
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(2) In its communication of 17 September 2020on ‘Stepping up Europe’s 2030 climate ambition – Investing in a
climate-neutral future for the benefit of our people’ (the ‘Climate Target Plan’), the Commission proposed to raise
the Union’s climate ambition by increasing the greenhouse gas (GHG) emissions target to at least 55 % below 1990
levels by 2030. That is a substantial increase compared to the existing 40 % reduction target. The proposal delivered
on the commitment made in the communication of the Commission of 11 December 2019on ‘The European Green
Deal’ (the ‘European Green Deal’) to put forward a comprehensive plan to increase the Union’s target for 2030
towards 55 % in a responsible way. It is also in accordance with the objectives of the Paris Agreement adopted on
12 December 2015under the United Nations Framework Convention on Climate Change (the ‘Paris Agreement’) to
keep the global temperature increase to well below 2 °C and pursue efforts to keep it to 1,5 °C.
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(^1 ) OJ C 152, 6.4.2022, p. 134.
(^2 ) OJ C 301, 5.8.2022, p. 139.
(^3 ) Position of the European Parliament of 11 July 2023 (not yet published in the Official Journal) and decision of the Council of 25 July
2023.
(^4 ) 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 (OJ L 315, 14.11.2012, p. 1).
(^5 ) See Part A of Annex XVI.
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(3) The conclusions of the European Council of 10-11 December 2020endorsed the Union’s binding domestic
reduction target for net GHG emissions of at least 55 % by 2030 compared to 1990. The European Council
concluded that the climate ambition needed to be raised in a manner that would spur sustainable economic growth,
create jobs, deliver health and environmental benefits for Union citizens, and contribute to the long-term global
competitiveness of the Union’s economy by promoting innovation in green technologies.
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(4) To implement those objectives, the Commission, in its communication of 19 October 2020on ‘Commission Work
Programme 2021 – A Union of vitality in a world of fragility’, announced a legislative package to reduce GHG
emissions by at least 55 % by 2030 (the ‘Fit for 55 package’), and to achieve a climate-neutral European Union by
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2050. That package covers a range of policy areas including energy efficiency, renewable energy, land use, land
change and forestry, energy taxation, effort sharing and emissions trading.

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(5) The purpose of the Fit for 55 package is to safeguard and create jobs in the Union and to enable the Union to become
a world leader in the development and uptake of clean technologies in the global energy transition, including energy
efficiency solutions.
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(6) Projections indicate that, with the full implementation of current policies, GHG emission reductions by 2030 would
be around 45 % compared to 1990 levels, when excluding land use emissions and absorptions, and around 47 %,
when including them. The Climate Target Plan therefore provides for a set of required actions across all sectors of
the economy and revisions of the key legislative instruments to reach that increased climate ambition.
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(7) In its communication of 28 November 2018on ‘A Clean Planet for all – A European strategic long-term vision for a
prosperous, modern, competitive and climate neutral economy’, the Commission stated that energy efficiency is a
key area of action, without which the full decarbonisation of the Union’s economy cannot be achieved. The need to
capture the cost-effective energy saving opportunities has led to the Union’s current energy efficiency policy. In
December 2018, a new 2030 Union headline energy efficiency target of at least 32,5 %, compared to projected
energy use in 2030, was included as part of the Clean Energy for All Europeans package, which aimed at putting
energy efficiency first, achieving global leadership in renewable energies and providing a fair deal for consumers.
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(8) The impact assessment accompanying the Climate Target Plan demonstrated that, to achieve the increased climate
ambition, energy efficiency improvements will need to be significantly raised from the current level of 32,5 %.
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(9) An increase in the Union’s 2030 energy efficiency target can reduce energy prices and be crucial in reducing GHG
emissions, accompanied by an increase and uptake of electrification, hydrogen, e-fuels and other relevant
technologies necessary for the green transition, including in the transport sector. Even with the rapid growth of
renewable electricity generation, energy efficiency can reduce the need of new power generation capacity and the
costs relating to storage, transmission and distribution. Increased energy efficiency is also particularly important for
the security of the energy supply of the Union, by lowering the Union’s dependence on the import of fuels from third
countries. Energy efficiency is one of the cleanest and most cost-efficient measures by which to address
that dependence.
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(10) The sum of national contributions communicated by Member States in their national energy and climate plans falls
short of the Union’s target of 32,5 %. The contributions would collectively lead to a reduction of 29,7 % for
primary energy consumption and 29,4 % for final energy consumption compared to the projections from the
Commission’s 2007 EU Reference Scenario for 2030. That would translate in a collective gap of 2,8 percentage
points for primary energy consumption and 3,1 percentage points for final energy consumption for the EU-27.
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(11) A number of Member States presented ambitious national energy and climate plans, which were assessed by the
Commission as ‘sufficient’, and which contained measures that allow those Member States to contribute to reaching
the collective targets for energy efficiency with a ratio larger than the Union average. In addition, a number of
Member States have documented ‘early efforts’ in achieving energy savings, namely energy savings above the Union
average trajectories in the last years. Both cases are significant efforts that should be recognised and should be
included in the Union’s future modelling projections and that can serve as good examples of how all Member States
can work on their energy efficiency potential to deliver significant benefits to their economies and societies.
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(12) In some cases, the assumptions used by the Commission in its 2020 EU Reference Scenario and the assumptions
used by some Member States for their reference scenarios underpinning their national energy and climate plans are
different. This may lead to divergences as regards the calculation of primary energy consumption but both
approaches are valid with regard to primary energy consumption.
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(13) While the energy savings potential remains large in all sectors, there is a particular challenge relating to transport, as
it is responsible for more than 30 % of final energy consumption, and to buildings, since 75 % of the Union’s
building stock has a poor energy performance. Another increasingly important sector is the information and
communications technology (ICT) sector, which is responsible for 5 to 9 % of the world’s total electricity use and
more than 2 % of global emissions. In 2018, data centres accounted for 2,7 % of the electricity demand in the
EU-28. In that context, the Commission, in its communication of 19 February 2020on ‘Shaping Europe's digital
future’ (the ‘Union’s Digital Strategy’), highlighted the need for highly energy-efficient and sustainable data centres
and transparency measures for telecoms operators as regards their environmental footprint. Furthermore, the
possible increase in industry’s energy demand that may result from its decarbonisation, particularly for energy
intensive processes, should also be taken into account.
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(14) The higher level of ambition requires a stronger promotion of cost-effective energy efficiency measures in all areas of
the energy system and in all relevant sectors where activity affects energy demand, such as the transport, water and
agriculture sectors. Improving energy efficiency throughout the full energy chain, including energy generation,
transmission, distribution and end-use, will benefit the environment, improve air quality and public health, reduce
GHG emissions, improve energy security by decreasing the need for energy imports, in particular of fossil fuels, cut
energy costs for households and companies, help alleviate energy poverty, and lead to increased competitiveness,
more jobs and increased economic activity throughout the economy. Improving energy efficiency would thus
improve citizens’ quality of life, while contributing to the transformation of the Union’s energy relations with third-
country partners towards achieving climate neutrality. That complies with the Union commitments made in the
framework of the Energy Union and global climate agenda established by the Paris Agreement. Improving the
energy performance of various sectors has the potential of fostering urban regeneration, including improvement of
buildings, and changes in mobility and accessibility patterns, while promoting more efficient, sustainable and
affordable options.
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(15) This Directive takes a step forward towards climate neutrality by 2050, under which energy efficiency is to be treated
as an energy source in its own right. The energy efficiency first principle is an overarching principle that should be
taken into account across all sectors, going beyond the energy system, at all levels, including in the financial sector.
Energy efficiency solutions should be considered as the first option in policy, planning and investment decisions
when setting new rules for the supply side and other policy areas. While the energy efficiency first principle should
be applied without prejudice to other legal obligations, objectives and principles, such obligations, objectives and
principles should not hamper its application or lead to exemptions from applying the principle. The Commission
should ensure that energy efficiency and demand response can compete on equal terms with generation capacity.
Energy efficiency improvements need to be made whenever they are more cost-effective than equivalent supply-side
solutions. That should help exploit the multiple benefits of energy efficiency for the Union, in particular for citizens
and businesses. Implementing energy efficiency improvement measures should also be a priority in alleviating
energy poverty.
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(16) Energy efficiency should be recognised as a crucial element and a priority consideration in future investment
decisions on the Union’s energy infrastructure. The energy efficiency first principle should be applied taking into
consideration primarily the system efficiency approach and societal and health perspective, and paying attention to
security of supply, energy system integration and the transition to climate neutrality. Consequently, the energy
efficiency first principle should help increase the efficiency of individual end-use sectors and of the whole energy
system. The application of the principle should also support investments in energy-efficient solutions contributing
to the environmental objectives of Regulation (EU) 2020/852 of the European Parliament and of the Council(^6 ).
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(17) The energy efficiency first principle is provided for in Regulation (EU) 2018/1999 of the European Parliament and of
the Council(^7 ) and is at the core of the EU Strategy for Energy System Integration established in the Commission’s
communication of 8 July 2022. While the principle is based on cost-effectiveness, its application has wider
implications from the societal perspective. Those implications can vary depending on the circumstances and should
be carefully evaluated through robust cost-benefit analysis methodologies that take into account the multiple
benefits of energy efficiency. The Commission has prepared dedicated guidelines for the operation and application
of the principle, by proposing specific tools and examples of application in various sectors. The Commission has
also issued a recommendation to Member States that builds on the requirements laid down in this Directive and
calls for specific actions in relation to the application of the principle. Member States should take the utmost
account of that recommendation and be guided by it in implementing the energy efficiency principle in practice.
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(18) The energy efficiency first principle implies adopting a holistic approach, which takes into account the overall
efficiency of the integrated energy system, security of supply and cost effectiveness and promotes the most efficient
solutions for climate neutrality across the whole value chain, from energy production, network transport to final
energy consumption, so that efficiencies are achieved in both primary energy consumption and final energy
consumption. That approach should look at the system performance and dynamic use of energy, where demand-
side resources and system flexibility are considered to be energy efficiency solutions.
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(19) In order to have an impact, the energy efficiency first principle needs to be consistently applied by national, regional,
local and sectoral decision makers in all relevant scenarios and policy, planning and major investment decisions –
that is to say large-scale investments with a value of more than EUR 100 000 000each or EUR 175 000 000for
transport infrastructure projects – affecting energy consumption or supply. The proper application of the principle
requires using the right cost-benefit analysis methodology, setting enabling conditions for energy efficient solutions
and proper monitoring. Cost-benefit analyses should be systematically developed and carried out, should be based
on the most up-to-date information on energy prices and should include scenarios for rising prices, such as due to
decreasing Union’s emission trading system (EU ETS) allowances pursuant to Directive 2003/87/EC of the European
Parliament and of the Council(^8 ), in order to provide an incentive to apply energy efficiency measures. Priority
should be given to demand-side solutions where they are more cost-effective than investments in energy supply
infrastructure in meeting policy objectives. Demand-side flexibility can bring wider economic, environmental and
societal benefits to consumers and to society at large, including local communities, and can increase the efficiency
of the energy system and decrease the energy costs, for example by reducing system operation costs resulting in
lower tariffs for all consumers. Member States should take into account potential benefits from demand-side
flexibility in applying the energy efficiency first principle and where relevant consider demand response at both
centralised and decentralised level, energy storage, and smart solutions as part of their efforts to increase efficiency
of the integrated energy system.
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(^6 ) 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).
(^7 ) Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy
Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the
Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European
Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of
the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1).
(^8 ) Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas
emission allowance trading within the Union and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).
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(20) When assessing the values of projects for the purpose of the application of the energy efficiency first principle, the
Commission, in its report to the European Parliament and to the Council, should assess, in particular, whether and
in what manner the thresholds are effectively applied in each Member State.
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(21) The energy efficiency first principle should always be applied in a proportional way and the requirements laid down
in this Directive should not entail overlapping or conflicting obligations on Member States, where the application of
the principle is ensured directly by other legislation. This might be the case for the projects of common interest
included in the Union list pursuant to Article 3 of Regulation (EU) 2022/869 of the European Parliament and of the
Council(^9 ), which introduces the requirements to consider the energy efficiency first principle in the development
and assessment for those projects.
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(22) A fair transition towards a climate-neutral Union by 2050 is central to the European Green Deal. Energy poverty is a
key concept in the Clean Energy for All Europeans package and designed to facilitate a just energy transition.
Pursuant to Regulation (EU) 2018/1999 and Directive (EU) 2019/944 of the European Parliament and of the
Council(^10 ), the Commission, in its Recommendation (EU) 2020/1563 on energy poverty(^11 ), provided indicative
guidance on appropriate indicators for measuring energy poverty and defining a ‘significant number of households
in energy poverty’. Directive 2009/73/EC of the European Parliament and of the Council(^12 ) and Directive
(EU) 2019/944 require Member States to take appropriate measures to address energy poverty wherever it is
identified, including measures addressing the broader context of poverty. This is particularly relevant in a context of
rising energy prices and inflationary pressure, where both short and long-term measures should be implemented to
address systemic challenges to the Union’s energy system.
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(23) People facing or risking energy poverty, vulnerable customers, including final users, low- and medium-income
households, and people living in social housing should benefit from the application of the energy efficiency first
principle. Energy efficiency measures should be implemented as a priority to improve the situations of those
individuals and households and to alleviate energy poverty, and should not encourage any disproportionate increase
in housing, mobility or energy costs. A holistic approach in policy making and in implementing policies and
measures requires Member States to ensure that other policies and measures have no adverse effect on those
individuals and households.
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(24) This Directive is part of a broader policy framework of energy efficiency policies addressing energy efficiency
potentials in specific policy areas, including buildings (Directive 2010/31/EU of the European Parliament and of the
Council(^13 )), products (Directive 2009/125/EC of the European Parliament and of the Council(^14 ) and Regulations
(EU) 2017/1369(^15 ) and (EU) 2020/740(^16 ) of the European Parliament and of the Council), and governance
(Regulation (EU) 2018/1999). Those policies play a very important role in delivering energy savings when products
are replaced or buildings constructed or renovated.
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(^9 ) Regulation (EU) 2022/869 of the European Parliament and of the Council of 30 May 2022 on guidelines for trans-European energy
infrastructure, amending Regulations (EC) No 715/2009, (EU) 2019/942 and (EU) 2019/943 and Directives 2009/73/EC and
(EU) 2019/944, and repealing Regulation (EU) No 347/2013 (OJ L 152, 3.6.2022, p. 45).
(^10 ) Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for
electricity and amending Directive 2012/27/EU (OJ L 158, 14.6.2019, p. 125).
(^11 ) Commission Recommendation (EU) 2020/1563 of 14 October 2020 on energy poverty (OJ L 357, 27.10.2020, p. 35).
(^12 ) 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 and repealing Directive 2003/55/EC (OJ L 211, 14.8.2009, p. 94).
(^13 ) Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings
(OJ L 153, 18.6.2010, p. 13).
(^14 ) Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of
ecodesign requirements for energy-related products (OJ L 285, 31.10.2009, p. 10).
(^15 ) Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling
and repealing Directive 2010/30/EU (OJ L 198, 28.7.2017, p. 1).
(^16 ) Regulation (EU) 2020/740 of the European Parliament and of the Council of 25 May 2020 on the labelling of tyres with respect to
fuel efficiency and other parameters, amending Regulation (EU) 2017/1369 and repealing Regulation (EC) No 1222/2009 (OJ L 177,
5.6.2020, p. 1).
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(25) Reaching an ambitious energy efficiency target requires barriers to be removed in order to facilitate investment in
energy efficiency measures. The Clean Energy Transition sub-programme of the Union’s LIFE Programme,
established by Regulation (EU) 2021/783 of the European Parliament and of the Council(^17 ), will dedicate funding
to support development of Union best practices in energy efficiency policy implementation, addressing behavioural,
market, and regulatory barriers to energy efficiency.
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(26) The European Council, in its conclusion of 23 and 24 October 2014, supported a 27 % energy efficiency target for
2030 at Union level, to be reviewed by 2020 having in mind a Union-level target of 30 %. In its resolution of
15 December 2015 entitled ‘Towards a European Energy Union’, the European Parliament called on the
Commission to assess, in addition, the viability of a 40 % energy efficiency target for the same timeframe.
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(27) In its communication of 28 November 2018on ‘A Clean Planet for all – A European strategic long-term vision for a
prosperous, modern, competitive and climate neutral economy’, the Commission projects that the 32,5 % Union’s
energy efficiency target for 2030 and the other policy instruments of the existing framework would lead to a
reduction in GHG emissions of about 45 % by 2030. For an increased climate ambition of a 55 % decrease of GHG
emissions by 2030, the impact assessment of the Climate Target Plan assessed what level of efforts would be needed
in the different policy areas. It concluded that, in relation to the baseline, achieving the GHG emissions target in a
cost-optimal way meant that primary energy consumption and final energy consumption are to decrease by at least
39 to 41 % and 36 to 37 % respectively.
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(28) The Union’s energy efficiency target was initially set and calculated using the 2007 EU Reference Scenario
projections for 2030 as a baseline. The change in the Eurostat energy balance calculation methodology and
improvements in subsequent modelling projections call for a change of the baseline. Thus, using the same approach
to define the target, namely by comparing it to the future baseline projections, the ambition of the Union’s 2030
energy efficiency target is set compared to the 2020 EU Reference Scenario projections for 2030 reflecting national
contributions from the national energy and climate plans. With that updated baseline, the Union will need to further
increase its energy efficiency ambition by at least 11,7 % in 2030 compared to the level of efforts under the 2020 EU
Reference Scenario. The new way of expressing the level of ambition for the Union’s targets does not affect the actual
level of efforts needed and corresponds to a reduction of 40,5 % for primary energy consumption and 38 % for final
energy consumption when compared to the 2007 EU Reference Scenario projections for 2030.
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(29) The methodology for calculation of primary energy consumption and final energy consumption is aligned with the
new Eurostat methodology, but the indicators used for the purpose of this Directive have a different scope, in that
they exclude ambient energy and include energy consumption in international aviation for the targets in primary
energy consumption and final energy consumption. The use of new indicators also implies that any changes in
energy consumption of blast furnaces are now only reflected in primary energy consumption.
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(30) The need for the Union to improve its energy efficiency should be expressed in primary energy consumption and
final energy consumption, to be achieved in 2030, indicating an additional level of efforts required when compared
to the measures in place or planned measures in the national energy and climate plans. The 2020 EU Reference
Scenario projects 864 Mtoe of final energy consumption and 1 124Mtoe of primary energy consumption to be
reached in 2030 (excluding ambient energy and including international aviation). An additional reduction of 11,7 %
results in 763 Mtoe and 992,5 Mtoe in 2030. Compared to 2005 levels, it means that final energy consumption in
the Union should be reduced by approximately 25 % and primary energy consumption should be reduced by
approximately 34 %. There are no binding targets at Member State level in the 2020 and 2030 perspectives, and
Member States should establish their contributions to the achievement of the Union’s energy efficiency target taking
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(^17 ) Regulation (EU) 2021/783 of the European Parliament and of the Council of 29 April 2021 establishing a Programme for the
Environment and Climate Action (LIFE), and repealing Regulation (EU) No 1293/2013 (OJ L 172, 17.5.2021, p. 53).
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into account the formula provided for in this Directive. Member States should be free to set their national objectives
based either on primary energy consumption or final energy consumption or primary energy savings or final energy
savings, or on energy intensity. This Directive amends the way in which Member States should express their national
contributions to the Union’s target. Member States’ contributions to the Union’s target should be expressed in
primary energy consumption and final energy consumption to ensure consistency and monitoring of progress. A
regular evaluation of progress towards the achievement of the Union’s 2030 targets is necessary and is provided for
in Regulation (EU) 2018/1999.
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(31) By 30 November 2023, the Commission should update the 2020 EU Reference Scenario based on the latest Eurostat
data. Member States wishing to use the updated reference scenario should notify their updated national
contributions by 1 February 2024, as part of the iterative process provided for in Regulation (EU) 2018/1999.
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(32) It would be preferable for the energy efficiency targets to be achieved as a result of the cumulative implementation of
specific Union and national measures promoting energy efficiency in different fields. Member States should be
required to set national energy efficiency policies and measures. Those policies and measures and the individual
efforts of each Member State should be evaluated by the Commission, alongside data on the progress made, to
assess the likelihood of achieving the overall Union target and the extent to which the individual efforts are
sufficient to meet the common goal.
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(33) The public sector is responsible for approximately 5 % to 10 % of the Union’s total final energy consumption. Public
authorities spend approximately EUR 1 800 000 000 000every year. This represents around 14 % of the Union’s
gross domestic product. For that reason the public sector constitutes an important driver to stimulate market
transformation towards more efficient products, buildings and services, as well as to trigger behavioural changes in
energy consumption by citizens and enterprises. Furthermore, decreasing energy consumption through energy
efficiency improvement measures can free up public resources for other purposes. Public bodies at national,
regional and local level should fulfil an exemplary role as regards energy efficiency.
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(34) To lead by example, the public sector should set its own decarbonisation and energy efficiency goals. Energy
efficiency improvements in the public sector should reflect the efforts required at Union level. To comply with the
final energy consumption target, the Union should decrease its final energy consumption by 19 % by 2030 as
compared to the average energy consumption in years 2017, 2018 and 2019. An obligation to achieve an annual
reduction of the energy consumption in the public sector by at least 1,9 % should ensure that the public sector
fulfils its exemplary role. Member States retain full flexibility regarding the choice of energy efficiency improvement
measures to achieve a reduction of the final energy consumption. Requiring an annual reduction of final energy
consumption has a lower administrative burden than establishing measurement methods for energy savings.
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(35) To fulfil their obligation, Member States should target the final energy consumption of all public services and
installations of public bodies. To determine the scope of addressees, Member States should apply the definition of
‘public bodies’ provided for in this Directive, where ‘directly financed by those authorities’ means that those entities
are mostly funded by public funds and ‘administered by those authorities’ means that a national, regional or local
authority has a majority with regard to the choice of the entity’s management. The obligation can be fulfilled by the
reduction of final energy consumption in any area of the public sector, including transport, public buildings,
healthcare, spatial planning, water management and wastewater treatment, sewage and water purification, waste
management, district heating and cooling, energy distribution, supply and storage, public lighting, infrastructure
planning, education and social services. Member States may also include other types of services when transposing
this Directive. To lower the administrative burden for public bodies, Member States should establish digital
platforms or tools to collect the aggregated consumption data from public bodies, make them publicly available,
and report the data to the Commission. Member States should provide planning and annual reporting on the
consumption of public bodies in an aggregated form per sector.
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(36) Member States should promote energy efficient means of mobility, including in their public procurement practices,
such as rail, cycling, walking or shared mobility, by renewing and decarbonising fleets, encouraging a modal shift
and including those modes in urban mobility planning.
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(37) Member States should exercise an exemplary role by ensuring that all energy performance contracts, energy audits
and energy management systems are carried out in the public sector in line with European or international
standards, or that energy audits are used to a large extent in energy-intense parts of the public sector. Member States
should provide guidance and should provide for procedures for the use of those instruments.
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(38) Public authorities are encouraged to obtain support from entities such as sustainable energy agencies established at
regional or local level, where applicable. The organisation of those agencies usually reflects the individual needs of
public authorities in a certain region or operating in a certain area of the public sector. Centralised agencies can
serve the needs better and work more effectively in other respects, for example, in smaller or centralised Member
States or regarding complex or cross-regional aspects such as district heating and cooling. Sustainable energy
agencies can serve as one-stop shops. Those agencies are often responsible for developing local or regional
decarbonisation plans, which may also include other decarbonisation measures, such as the exchange of fossil fuel
boilers, and for supporting public authorities in the implementation of energy-related policies. Sustainable energy
agencies or other entities to assist regional and local authorities may have clear competences, objectives and
resources in the field of sustainable energy. Sustainable energy agencies could be encouraged to consider initiatives
taken in the framework of the Covenant of Mayors, which brings together local governments voluntarily committed
to implementing the Union’s climate and energy objectives, and other existing initiatives for that purpose. The
decarbonisation plans should be linked to territorial development plans and take into account the comprehensive
assessment which the Member States should carry out.
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(39) Member States should support public bodies in planning and the uptake of energy efficiency improvement measures,
including at regional and local level, by providing guidelines promoting competence-building and training
opportunities and encouraging cooperation amongst public bodies including amongst agencies. For that purpose,
Member States could set up national competence centres on complex issues, such as advising local or regional
energy agencies on district heating or cooling. The requirement to transform buildings into nearly zero-energy
buildings does not exclude or prohibit a differentiation between nearly zero-energy building levels for new or
renovated buildings. Nearly zero-energy buildings, including the cost-optimal level, are defined
in Directive 2010/31/EU.
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(40) Until the end of 2026, Member States that renovate more than 3 % of the total floor area of their buildings in any
given year should be given the possibility to count the surplus towards the annual renovation rate of any of the
three following years. A Member State that renovates more than 3 % of the total floor area of its buildings from
1 January 2027should be able to count the surplus towards the annual renovation rate of the following two years.
That possibility should not be used for purposes that are not in line with the general objectives and the level of
ambition of this Directive.
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(41) Member States should encourage public bodies to take into account the wider benefits beyond energy savings, such
as the quality of the indoor environment as well as an improvement of people’s quality of life and the comfort of
renovated public buildings, in particular schools, day care centres, nursing homes, sheltered housing, hospitals, and
social housing.
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(42) Buildings and transport, alongside industry, are the main energy users and main source of emissions. Buildings are
responsible for about 40 % of the Union’s total energy consumption and for 36 % of its GHG from energy. The
Commission communication of 14 October 2020, entitled ‘Renovation Wave’ addresses the twin challenge of
energy and resource efficiency and affordability in the building sector and aims to double the renovation rate. It
focuses on the worst performing buildings, energy poverty and on public buildings. Moreover, buildings are crucial
to achieving the Union objective of reaching climate neutrality by 2050. Buildings that are owned by public bodies
account for a considerable share of the building stock and have high visibility in public life. It is therefore
appropriate to set an annual rate of renovation of buildings that are owned by public bodies on the territory of a
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L 231/8 EN Official Journal of the European Union 20.9.


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Member State to upgrade their energy performance and be transformed into at least nearly zero-energy buildings or
zero-emission buildings. Member States are invited to set a higher renovation rate, where that is cost-effective in the
framework of the renovation of their buildings stock in accordance with their long-term renovation strategies or
national renovation programmes, or both. That renovation rate should be without prejudice to the obligations with
regard to nearly zero-energy buildings set out in Directive 2010/31/EU. Member States should be able to apply less
stringent requirements to some buildings, such as buildings with special architectural or historical merit. During the
next review of Directive 2010/31/EU, the Commission should assess the progress Member States achieved regarding
the renovation of public bodies’ buildings. The Commission should consider submitting a legislative proposal to
revise the renovation rate, while taking into account the progress achieved by the Member States, substantial
economic or technical developments, or where needed, the Union’s commitments for decarbonisation and zero
pollution. The obligation to renovate public bodies’ buildings in this Directive complements that in
Directive 2010/31/EU, which requires Member States to ensure that when existing buildings undergo major
renovation their energy performance is upgraded so that they meet the requirements on nearly zero-energy
buildings.
```
```
(43) Building automation and control systems and other solutions to provide active energy management are important
tools for public bodies to improve and maintain the energy performance of buildings, as well as ensuring the
necessary indoor conditions in the buildings they own or occupy, in accordance with Directive 2010/31/EU.
```
```
(44) Promoting green mobility is a key part of the European Green Deal. The provision of charging infrastructure is one
of the necessary elements in the transition. Charging infrastructure in buildings is particularly important since
electric vehicles park in buildings regularly and for long periods of time, thus making charging easier and more
efficient. Public bodies should make best efforts to install charging infrastructure in buildings they own or occupy in
accordance with Directive 2010/31/EU.
```
```
(45) To set the rate of renovations, Member States need to have an overview of the buildings that do not reach the nearly
zero-energy buildings level. Therefore, Member States should publish and keep updated an inventory of public
buildings, including, where appropriate, social housing, as part of an overall database of energy performance
certificates. That inventory should also enable private actors, including energy service companies (ESCOs), to
propose renovation solutions, which can be aggregated by the EU Building Stock Observatory.
```
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(46) The inventory could integrate data from existing building stock inventories. Member States should take appropriate
measures to facilitate data collection and make the inventory accessible to private actors, including ESCOs to enable
their active role in renovation solutions. Available and publicly shared data about building stock characteristics,
buildings renovation and energy performance may be aggregated by the EU Building Stock Observatory to ensure a
better understanding of the energy performance of the building sector through comparable data.
```
```
(47) In 2020, more than half of the world’s population lived in urban areas. That figure is expected to reach 68 % by
```
2050. In addition, half of the urban infrastructures by 2050 are still to be built. Cities and metropolitan areas are
centres of economic activity, knowledge generation, innovation and new technologies. Cities influence the quality of
life of the citizens who live or work in them. Member States should support municipalities technically and
financially. A number of municipalities and other public bodies in the Member States have already put into place
integrated approaches to energy saving and energy supply and sustainable mobility, for example via sustainable
energy action plans or sustainable urban mobility plans, such as those developed under the Covenant of Mayors
initiative, and integrated urban approaches which go beyond individual interventions in buildings or transport
modes. Further efforts are needed in the area of improving the energy efficiency of urban mobility, for both
passenger and freight transport, as it uses around 40 % of all road transport energy.

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(48) All the principles of Directives 2014/23/EU(^18 ), 2014/24/EU(^19 ) and 2014/25/EU(^20 ) of the European Parliament
and of the Council remain fully applicable within the framework of this Directive.
```
```
(49) With regard to the purchase of certain products and services and the purchase and rent of buildings, contracting
authorities and contracting entities which conclude public works, supply or service contracts should lead by
example and make energy-efficient purchasing decisions and apply the energy efficiency first principle, including
for those public contracts and concessions for which no specific requirements are provided for in this Directive.
This should apply to contracting authorities and contracting entities falling within the scope of
Directives 2014/23/EU, 2014/24/EU or 2014/25/EU. Member States should remove barriers to joint procurement
within a Member State or across borders if this can reduce the costs and enhance the benefits of the internal market
by creating business opportunities for suppliers and energy service providers.
```
```
(50) All public entities investing public resources through procurement should lead by example when awarding contracts
and concessions by choosing products, buildings, works and services with the highest energy efficiency
performance, also in relation to those procurements that are not subject to specific requirements under
Directive 2009/30/EC. In that context, all award procedures for public contracts and concessions with a value
above the thresholds set out in Article 8 of Directive 2014/23/EU, Article 4 of Directive 2014/24/EU, and
Article 15 of Directive 2014/25/EU need to take into account the energy efficiency performance of the products,
buildings and services set by Union or national law, by considering as priority the energy efficiency first principle in
their procurement procedures.
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```
(51) It is also important that Member States monitor how the energy efficiency requirements are taken into account by
contracting authorities and contracting entities in the procurement of products, buildings, works and services by
ensuring that information about the impact on the energy efficiency of those winning tenders above the thresholds
referred to in the procurement directives are made publicly available. That would allow stakeholders and citizens to
assess the role of the public sector in ensuring energy efficiency first in public procurement in a transparent manner.
```
```
(52) The obligation for Member States to ensure that contracting authorities and entities purchase only products,
buildings, works and services with high energy efficiency performance should not, however, prevent Member States
from purchasing goods necessary to protect, and respond to, public security or public health emergencies.
```
```
(53) The European Green Deal recognises the role of the circular economy in contributing to overall Union
decarbonisation objectives. The public sector and, in particular, the transport sector, should contribute to those
objectives by using their purchasing power to, where appropriate, choose environmentally friendly products,
buildings, works and services via available tools for green public procurement, and thus making an important
contribution to reduce energy consumption and environmental impacts.
```
```
(54) It is important that Member States provide the necessary support to public bodies in the uptake of energy efficiency
requirements in public procurement and, where appropriate, in the use of green public procurement by providing
necessary guidelines and methodologies on carrying out the assessment of life-cycle costs and environment impacts
and costs. Well-designed tools, in particular digital tools, are expected to facilitate the procurement procedures and
reduce the administrative costs especially in smaller Member States that may not have sufficient capacity to prepare
tenders. In this regard, Member States should actively promote the use of digital tools and cooperation amongst
contracting authorities including across borders for the purpose of exchanging best practices.
```
```
(^18 ) Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts
(OJ L 94, 28.3.2014, p. 1).
(^19 ) Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing
Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).
(^20 ) Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in
the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).
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(55) Given that buildings are responsible for GHG emissions before and after their operational lifetime, Member States
should also consider the whole life cycle of carbon emissions of buildings. That should take place in the context of
efforts to increase the attention given to whole life-cycle performance, circular economy aspects and environmental
impacts, as part of the exemplary role of the public sector. Public procurement can thus serve as an opportunity to
address the embodied carbon in buildings over their life cycle. In this regard, contracting authorities are important
actors that can take action as part of procurement procedures by purchasing new buildings that address global
warming potential over the full life cycle.
```
```
(56) The global warming potential over the full life cycle measures the GHG emissions associated with the building at
different stages along its life cycle. It therefore measures the building’s overall contribution to emissions that lead to
climate change. That is sometimes referred to as a carbon footprint assessment or the whole life carbon
measurement. It brings together carbon emissions embodied in building materials with direct and indirect carbon
emissions from use stage. Buildings are a significant material bank, being repositories for carbon intensive resources
over many decades, and so it is important to explore designs that facilitate future reuse and recycling at the end of
the operational life in line with the new circular economy action plan. Member States should promote circularity,
durability, and adaptability of building materials, in order to address the sustainability performance of construction
products.
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(57) The global warming potential is expressed as a numeric indicator in kgCO 2 eq/m^2 (of useful internal floor area) for
each life-cycle stage averaged for one year of a reference study period of 50 years. The data selection, scenario
definition and calculations are carried out in accordance with standard EN 15978. The scope of building elements
and technical equipment are set out in indicator 1,2 of the Level(s) common Union framework. Where a national
calculation tool exists, or is required for making disclosures or for obtaining building permits, it should be possible
to use that national tool to provide the required information. It should be possible to use other calculation tools, if
they fulfil the minimum criteria laid down by the Level(s) common Union framework.
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(58) Directive 2010/75/EU of the European Parliament and of the Council(^21 ) lays down rules on installations that
contribute to energy production or use energy for production purposes, and provides that information on the
energy used in or generated by the installation is to be included in applications for integrated permits in accordance
with Article 12(1), point (b) of that Directive. Moreover, Article 11 of that Directive provides that efficient use of
energy is one of the general principles governing the basic obligations of the operator and one of the criteria for
determining best available techniques pursuant to Annex III to that Directive. The operational efficiency of energy
systems at any given moment is influenced by the ability to feed power generated from different sources with
different degrees of inertia and start-up times into the grid smoothly and flexibly. Improving efficiency will enable
better use to be made of renewable energy.
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```
(59) Improvement in energy efficiency can contribute to higher economic output. Member States and the Union should
aim to decrease energy consumption regardless of levels of economic growth.
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(60) The energy savings obligation established by this Directive should be increased and should also apply after 2030.
That ensures stability for investors and thus encourages long-term investments and long-term energy efficiency
measures, such as the deep renovation of buildings with the long-term objective of facilitating the cost effective
transformation of existing buildings into nearly zero-energy buildings. The energy savings obligation plays an
important role in the creation of local growth, jobs, competitiveness and alleviating energy poverty. It should
ensure that the Union can achieve its energy and climate objectives by creating further opportunities and by
breaking the link between energy consumption and growth. Cooperation with the private sector is important to
assess the conditions on which private investment for energy efficiency projects can be unlocked and to develop
new revenue models for innovation in the field of energy efficiency.
```
```
(^21 ) Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated
pollution prevention and control) (OJ L 334, 17.12.2010, p. 17).
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(61) Energy efficiency improvement measures also have a positive impact on air quality, as more energy efficient
buildings contribute to reducing the demand for heating fuels, including solid heating fuels. Energy efficiency
measures therefore contribute to improving indoor and outdoor air quality and help achieve, in a cost-effective
manner, the objectives of the Union’s air quality policy, as laid down in particular by Directive (EU) 2016/2284 of
the European Parliament and of the Council(^22 ).
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```
(62) With a view to ensuring a stable and predictable contribution towards achieving the Union’s energy and climate
targets for 2030 and the climate neutrality objective for 2050, Member States are required to achieve cumulative
end-use energy savings for the entire obligation period up to 2030, equivalent to new annual savings of at least
0,8 % of final energy consumption up to 31 December 2023and of at least 1,3 % from 1 January 2024, 1,5 % from
1 January 2026and 1,9 % from 1 January 2028. That requirement could be met by new policy measures that are
adopted during the obligation period from 1 January 2021to 31 December 2030or by new individual actions as a
result of policy measures adopted during or before the previous period, provided that the individual actions that
trigger energy savings are introduced during the following period. To that end, Member States should be able to
make use of an energy efficiency obligation scheme, alternative policy measures, or both.
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```
(63) For the period from 1 January 2021to 31 December 2023, Cyprus and Malta should be required to achieve
cumulative end-use energy savings equivalent to new savings of 0,24 % of annual final energy consumption
averaged over the most recent three-year period preceding 1 January 2019. For the period from 1 January 2024
to 31 December 2030, Cyprus and Malta should be required to achieve cumulative end-use energy savings of
0,45 % of annual final energy consumption, averaged over the most recent three-year period
preceding 1 January 2019.
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```
(64) Where using an obligation scheme, Member States should designate obligated parties among transmission system
operators, distribution system operators, energy distributors, retail energy sales companies and transport fuel
distributors or transport fuel retailers on the basis of objective and non-discriminatory criteria. The designation or
exemption from designation of certain categories of such entities should not be understood to be incompatible with
the principle of non-discrimination. Member States are therefore able to choose whether such entities or only certain
categories thereof are designated as obligated parties. To empower and protect people affected by energy poverty,
vulnerable customers, people in low-income households and, where applicable, people living in social housing, and
to implement policy measures as a priority among those people, Member States can require obligated parties to
achieve energy savings among those people. For that purpose, Member States can also establish energy cost
reduction targets. Obligated parties could achieve those targets by promoting the installation of measures that lead
to energy savings and financial savings on energy bills, such as the installation of insulation and heating measures,
and by supporting energy savings initiatives by renewable energy communities and citizen energy communities.
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```
(65) When designing policy measures to fulfil the energy savings obligation, Member States should respect the climate
and environmental standards and priorities of the Union and comply with the principle of ‘do no significant harm’
within the meaning of Regulation (EU) 2020/852. Member States should not promote activities that are not
environmentally sustainable such as the use of fossil fuels. The energy savings obligation aims at strengthening the
response to climate change by promoting incentives to Member States to implement a sustainable and clean policy
mix, which is resilient, and mitigates climate change. Therefore, energy savings from policy measures regarding the
use of direct fossil fuel combustion may be eligible energy savings under the energy savings obligation under certain
conditions and for a transitional period following the transposition of this Directive in accordance with an annex to
this Directive. It will allow aligning the energy savings obligation with the objectives of the European Green Deal, the
Climate Target Plan, the Renovation Wave, and mirror the need for action identified by the International Energy
Agency in its net zero report. The restriction aims at encouraging Member States to spend public money into
future-proof, sustainable technologies only. It is important that Member States provide a clear policy framework
and investment certainty to market actors. The implementation of the calculation methodology under the energy
```
```
(^22 ) Directive (EU) 2016/2284 of the European Parliament and of the Council of 14 December 2016 on the reduction of national
emissions of certain atmospheric pollutants, amending Directive 2003/35/EC and repealing Directive 2001/81/EC (OJ L 344,
17.12.2016, p. 1).
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L 231/12 EN Official Journal of the European Union 20.9.


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savings obligation should allow all market actors to adapt their technologies in a reasonable timeframe. Where
Member States support the uptake of efficient fossil fuel technologies or early replacement of such technology, for
example through subsidy schemes or energy efficiency obligation schemes, any resulting energy savings may no
longer be eligible under the energy savings obligation. While energy savings resulting, for example, from the
promotion of natural gas-based cogeneration would not be eligible under the energy savings obligation, the
restriction would not apply for indirect fossil fuel usage, for example where the electricity production includes fossil
fuel generation. Policy measures targeting behavioural changes to reduce the consumption of fossil fuels, for example
through information campaigns and eco-driving, should remain eligible. Policy measures which target building
renovations may include measures such as the replacement of fossil fuel heating systems together with building
fabric improvements. Those measures should be limited to technologies that allow the required energy savings to be
achieved in accordance with the national building codes established in a Member State. Nevertheless, Member States
should promote upgrading heating systems as part of deep renovations in line with the long-term objective of
carbon neutrality, namely reducing the heating demand and covering the remaining heating demand with a carbon-
free energy source. When accounting for the savings needed to achieve a share of the energy savings obligation
among people affected by energy poverty, Member States may take into account their climatic conditions.
```
```
(66) Member States’ energy efficiency improvement measures in transport are eligible to be taken into account for
achieving their end-use energy savings obligation. Such measures include policies that are, inter alia, dedicated to
promoting more efficient vehicles, a modal shift to cycling, walking and collective transport, or mobility and urban
planning that reduces demand for transport. In addition, schemes which accelerate the uptake of new, more
efficient vehicles or policy measures which foster a shift to fuels with reduced levels of emissions, except schemes or
policy measures regarding the use of direct fossil fuel combustion that reduce energy use per kilometre, are also
capable of being eligible, subject to compliance with the rules on materiality and additionality set out in this
Directive. Policy measures promoting the uptake of new fossil fuel vehicles should not qualify as eligible measures
under the energy savings obligation.
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```
(67) Measures taken by Member States pursuant to Regulation (EU) 2018/842 of the European Parliament and of the
Council(^23 ) and which result in verifiable and measurable or estimable energy efficiency improvements can be
considered to be a cost-effective way for Member States to fulfil their energy savings obligation under this Directive.
```
```
(68) As an alternative to requiring obligated parties to achieve the amount of cumulative end-use energy savings required
under the energy savings obligation laid down in this Directive, it should be possible for Member States, in their
obligation schemes, to permit or require obligated parties to contribute to a national energy efficiency fund, which
could be used to implement policy measures as a priority among people affected by energy poverty, vulnerable
customers, people in low income households and, where applicable, people living in social housing.
```
```
(69) Member States and obligated parties should make use of all available means and technologies, except with regard to
the use of direct fossil fuel combustion technologies, to achieve the cumulative end-use energy savings required,
including by promoting smart and sustainable technologies in efficient district heating and cooling systems,
efficient heating and cooling infrastructure, efficient and smart buildings, electrical vehicles and industries and
energy audits or equivalent management systems, provided that the energy savings claimed comply with this
Directive. Member States should aim for a high degree of flexibility in the design and implementation of alternative
policy measures. Member States should encourage actions resulting in energy savings over a long lifetime.
```
```
(^23 ) Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual greenhouse gas
emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris
Agreement and amending Regulation (EU) No 525/2013 (OJ L 156, 19.6.2018, p. 26).
```
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(70) Long-term energy efficiency measures continue to deliver energy savings after 2020 but, in order to contribute to the
Union’s 2030 energy efficiency target, those measures should deliver new savings after 2020. On the other hand,
energy savings achieved after 31 December 2020should not count towards the cumulative end-use energy savings
required for the period from 1 January 2014to 31 December 2020.
```
```
(71) Additionality is a fundamental underlying principle of the energy savings obligation provided for in this Directive, in
so far as it ensures that Member States put in place policies and measures specifically designed for the purpose of
fulfilling the energy savings obligation. New savings should be additional to ‘business as usual’, so that savings that
would have occurred in any event should not count towards fulfilling the energy savings obligation. In order to
calculate the impact of the measures introduced, only net savings, measured as the change of energy consumption
that is directly attributable to the energy efficiency measure in question implemented for the purpose of the energy
savings obligation provided for in this Directive, should be counted. To calculate net savings, Member States should
establish a baseline scenario of how the situation would evolve in the absence of the measure in question. The
policy measure in question should be evaluated against that baseline. Member States should take into account
minimum requirements provided by the relevant legislative framework at Union level and the fact that other policy
measures may be carried out in the same time frame which may also have an impact on the amount of energy
savings, so that not all changes observed since the introduction of a particular policy measure can be attributed to
that policy measure alone. The actions of the obligated, participating or entrusted party should in fact contribute to
the achievement of the energy savings claimed in order to ensure the fulfilment of the materiality requirement.
```
```
(72) It is important to consider, where relevant, all steps in the energy chain in the calculation of energy savings in order
to increase the energy savings potential in the transmission and distribution of electricity. Studies and the
consultation of stakeholders have revealed a significant potential. However, the physical and economic conditions
are quite different among Member States, and often within several Member States, and there is a large number of
system operators. Those circumstances point to a decentralised approach, pursuant to the subsidiarity principle.
National Regulatory Authorities have the required knowledge, legal competences and the administrative capacity to
promote the development of an energy efficient electricity grid. Entities such as the European Network of
Transmission System Operators for Electricity (ENTSO-E) and the European Entity for Distribution System
Operators can also provide useful contributions to, and should support their members in, the uptake of energy
efficiency measures.
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```
(73) Similar considerations apply for the very large number of natural gas system operators. The role of natural gas and
the rate of supply and coverage of the territory is highly variable among Member States. In those cases, National
Regulatory Authorities are best placed to monitor and steer the system evolution towards an increased efficiency,
and entities such as the European Network of Transmission System Operators for Gas can provide useful
contributions to, and should support their members in, the uptake of energy efficiency measures.
```
```
(74) The role of ESCOs is important in developing, designing, building, and arranging financing for projects that save
energy, reduce energy costs, and decrease operations and maintenance costs in sectors such as buildings, industry
and transport.
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```
(75) Consideration of the water-energy nexus is particularly important to address the interdependent use of energy and
water and the increasing pressure on both resources. The effective management of water can make a significant
contribution to energy savings yielding not only climate benefits, but also economic and social benefits. The water
and wastewater sectors account for 3,5 % of electricity use in the Union and that share is expected to rise. At the
same time, water leaks account for 24 % of total water consumed in the Union and the energy sector is the largest
consumer of water, accounting for 44 % of consumption. The potential for energy savings through the use of smart
technologies and processes across all industrial, residential and commercial water cycles and applications should be
fully explored and realised whenever cost-effective, and the energy efficiency first principle should be considered. In
addition, advanced irrigation technologies, rainwater harvesting and water reuse technologies could substantially
reduce water consumption in agriculture, buildings and industry and the energy used for treating and transporting it.
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(76) In accordance with Article 9 of the Treaty on the Functioning of the European Union (TFEU), the Union’s energy
efficiency policies should be inclusive and should therefore ensure equal access to energy efficiency measures for all
consumers affected by energy poverty. Improvements in energy efficiency should be implemented as a priority
among people affected by energy poverty, vulnerable customers and final users, people in low-income or medium-
income households, people living in social housing, older people as well as people living in rural and remote areas
and in the outermost regions. In that context, specific attention should be paid to particular groups which are more
at risk of being affected by energy poverty or are more susceptible to the adverse impacts of energy poverty, such as
women, persons with disabilities, older people, children, and people with a minority racial or ethnic background.
Member States can require obligated parties to include social aims in energy-saving measures in relation to energy
poverty, and this possibility has already been extended to alternative policy measures and national energy efficiency
funds. That should be transformed into an obligation to protect and empower vulnerable customers and final users
and to alleviate energy poverty, while allowing Member States to retain full flexibility with regard to the type of
policy measure, its size, scope and content. If an energy efficiency obligation scheme does not permit measures
relating to individual energy consumers, the Member State may take measures to alleviate energy poverty by means
of alternative policy measures alone. Within their policy mix, Member States should ensure that other policy
measures do not have an adverse effect on people affected by energy poverty vulnerable customers, final users and,
where applicable, people living in social housing. Member States should make best possible use of public funding
investments into energy efficiency improvement measures, including funding and financial facilities established at
Union level.
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(77) Each Member State should define the concept of vulnerable customers, which may refer to energy poverty and, inter
alia, to the prohibition of disconnection of electricity to such customers in critical times. The concept of vulnerable
customers may include income levels, the share of energy expenditure of disposable income, the energy efficiency of
homes, critical dependence on electrical equipment for health reasons, age or other criteria. This allows Member
States to include people in low-income households.
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```
(78) According to Recommendation (EU) 2020/1563, around 34 million households in the Union were unable to keep
their home adequately warm in 2019. The European Green Deal prioritises the social dimension of the transition
by committing to the principle that ‘no one is left behind’. The green transition, including the clean transition,
affects women and men differently and may have a particular impact on some disadvantaged groups including
people with disabilities. Energy efficiency measures must therefore be central to any cost-effective strategy to
address energy poverty and consumer vulnerability and are complementary to social security policies at Member
State level. To ensure that energy efficiency measures reduce energy poverty for tenants sustainably, the cost-
effectiveness of such measures, as well as their affordability to property owners and tenants, should be taken into
account, and adequate financial and technical support for such measures should be guaranteed at Member State
level. Member States should support the local and regional level in identifying and alleviating energy poverty. The
Union’s building stock needs, in the long term, to be converted to nearly zero-energy buildings in accordance with
the objectives of the Paris Agreement. Current building renovation rates are insufficient and buildings occupied by
citizens on low incomes who are affected by energy poverty are the hardest to reach. The measures laid down in
this Directive with regard to energy savings obligations, energy efficiency obligation schemes and alternative policy
measures are therefore of particular importance.
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```
(79) Member States should strive to ensure that measures to promote or facilitate energy efficiency, in particular those
concerning buildings and mobility, do not lead to a disproportionate increase in the cost of services relating to such
measures or to greater social exclusion.
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(80) To tap the energy savings potential in certain market segments where energy audits are generally not offered
commercially, such as small and medium-sized enterprises (SMEs), Member States should develop programmes to
encourage and support SMEs to undergo energy audits and to implement the recommendations arising from those
energy audits. Energy audits should be mandatory and regular for enterprises with an average annual energy
consumption above a certain threshold, as energy savings can be significant. Energy audits should take into account
relevant European or international standards, such as EN ISO 50001 (Energy Management Systems), or EN 16247-
(Energy Audits), or, if including an energy audit, EN ISO 14000 (Environmental Management Systems) and thus be
also in accordance with this Directive, which does not go beyond the requirements of those relevant standards. A
```
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specific European standard on energy audits is currently under development. Energy audits may be carried out on a
stand-alone basis or be part of a broader environmental management system or an energy performance contract. In
all such cases those systems should comply with the minimum requirements laid down in this Directive. In addition,
specific mechanisms and schemes established to monitor emissions and fuel consumption by certain transport
operators, for example under Union law the EU ETS, may be considered compatible with energy audits, including in
energy management systems, if they comply with the minimum requirements laid down in this Directive. For those
enterprises already implementing the energy audit obligation, energy audits should continue to be carried out at least
every four years from the date of the previous energy audit, in accordance with this Directive.
```
```
(81) Member States could establish guidelines for enterprises to follow in implementing measures to achieve new annual
savings identified in the energy audit.
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(82) The enterprise’s average consumption should be the criterion to define the application of energy management
systems and of energy audits in order to increase the sensitivity of those mechanisms in identifying relevant
opportunities for cost-effective energy savings. An enterprise that is below the consumption thresholds defined for
energy management systems and energy audits should be encouraged to undergo energy audits and to implement
the recommendations resulting from those audits.
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```
(83) Where energy audits are carried out by in-house experts, they should not be directly engaged in the activity audited
in order to guarantee their independence.
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(84) Member States should promote the implementation of energy management systems and energy audits within the
public administration at national, regional and local level.
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```
(85) The ICT sector is another important sector which receives increasing attention. In 2018 the energy consumption of
data centres in the Union was 76,8 TWh. This is expected to rise to 98,5 TWh by 2030, a 28 % increase. This
increase in absolute terms can also be seen in relative terms: within the Union, data centres accounted for 2,7 % of
electricity demand in 2018 and will reach 3,21 % by 2030 if development continues on the current trajectory. The
Union’s Digital Strategy already highlighted the need for highly energy-efficient and sustainable data centres and
calls for transparency measures for telecommunication operators on their environmental footprint. To promote
sustainable development in the ICT sector, particularly of data centres, Member States should require the collection
and publication of data which are relevant for the energy performance, water footprint and demand-side flexibility
of data centres, on the basis of a common Union template. Member States should require the collection and
publication of data only about data centres with a significant footprint, for which appropriate design or efficiency
interventions, for new or existing installations respectively, can result in a considerable reduction of energy and
water consumption, an increase in systems’ efficiency promoting decarbonisation of the grid or in the reuse of
waste heat in nearby facilities and heat networks. Data centre sustainability indicators could be established on the
basis of that data collected, taking also into account already existing initiatives in the sector.
```
```
(86) The reporting obligation applies to those data centres, which meet the threshold set out in this Directive. In all cases
and specifically for onsite enterprise data centres, the reporting obligation should be understood as referring to the
spaces and equipment that serve primarily or exclusively for data-related functions (server rooms), including the
necessary associated equipment, for example, associated cooling, lighting, battery arrays, or uninterruptible power
supplies. Any IT equipment placed or installed in primarily public access, common use or office space or
supporting other corporate functions, such as workstations, laptops, photocopiers, sensors, security equipment, or
white goods and audiovisual appliances should be excluded from the reporting obligation. The same exclusion
should also apply to server, networking, storage, and associated equipment that would be scattered across a site
such as single servers, single racks, or Wi-Fi and networking points.
```
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(87) The collected data should be used to measure at least some basic dimensions of a sustainable data centre, namely
how efficiently it uses energy, how much of that energy comes from renewable energy sources, the reuse of any
waste heat that it produces, the effectiveness of cooling, the effectiveness of carbon usage and the usage of
freshwater. The collected data and the sustainability indicators should raise awareness among data centre owners
and operators, manufacturers of equipment, developers of software and services, users of data centre services at all
levels as well as entities and organisations that deploy, use or procure cloud and data centre services. The collected
data and the sustainability indicators should also give confidence about the actual improvements following efforts
and measures to increase the sustainability in new or existing data centres. Finally, those data and indicators should
be used as a basis for transparent and evidence-based planning and decision making. The Commission should assess
the efficiency of data centres on the basis of the information communicated by the obligated data centres.
```
```
(88) Following an assessment, when establishing the possible sector-specific energy efficiency partnerships, the
Commission should bring together key stakeholders, including non-governmental organisations and the social
partners, in sectors such as ICT, transport, finance and buildings in an inclusive and representative manner.
```
```
(89) Lower consumer spending on energy should be achieved by assisting consumers in reducing their energy use by
reducing the energy needs of buildings and improvements in the efficiency of appliances, which should be
combined with the availability of low-energy transport modes integrated with public transport, shared mobility and
cycling. Member States should also consider improving connectivity in rural and remote areas.
```
```
(90) It is crucial to raise the awareness of all Union citizens about the benefits of increased energy efficiency and to
provide them with accurate information on the ways in which it can be achieved. Citizens of all ages should also be
involved in the energy transition via the European Climate Pact and the Conference on the Future of Europe.
Increased energy efficiency is also highly important for the security of energy supply of the Union through lowering
its dependence on import of fuels from third countries.
```
```
(91) The costs and benefits of all energy efficiency measures taken, including pay-back periods, should be made fully
transparent to consumers.
```
```
(92) When implementing this Directive and taking other measures in the field of energy efficiency, Member States should
pay particular attention to synergies between energy efficiency measures and the efficient use of natural resources in
line with the principles of the circular economy.
```
```
(93) Taking advantage of new business models and technologies, Member States should endeavour to promote and
facilitate the uptake of energy efficiency measures, including through innovative energy services for large and small
customers.
```
```
(94) It is necessary to provide for frequent and enhanced feedback on energy consumption where technically feasible and
cost-efficient in view of the measurement devices in place. This Directive clarifies that the cost-efficiency of sub-
metering depends on whether the related costs are proportionate to the potential energy savings. The assessment of
whether sub-metering is cost-efficient may take into account the effect of other concrete, planned measures in a
given building, such as any forthcoming renovation.
```
```
(95) This Directive also clarifies that rights relating to billing, and information about billing or consumption should apply
to consumers of heating, cooling or domestic hot water supplied from a central source even where they have no
direct, individual contractual relationship with an energy supplier.
```
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(96) In order to achieve the transparency of accounting for individual consumption of thermal energy, and thereby
facilitate the implementation of sub-metering, Member States should ensure they have in place transparent, publicly
available national rules on the allocation of the cost of heating, cooling and domestic hot water consumption in
multi-apartment and multi-purpose buildings. In addition to transparency, Member States could consider taking
measures to strengthen competition in the provision of sub-metering services and thereby help ensure that any
costs borne by the final users are reasonable.
```
```
(97) Newly installed heat meters and heat cost allocators should be remotely readable to ensure cost-effective, and
frequent provision of, consumption information. The provisions of this Directive relating to metering for heating,
cooling and domestic hot water; sub-metering and cost allocation for heating, cooling and domestic hot water;
remote reading requirement; billing and consumption information for heating and cooling and domestic hot water;
the cost of access to metering and billing and consumption information for heating, cooling and domestic hot
water; and the minimum requirements for billing and consumption information for heating, cooling and domestic
hot water, are intended to apply only to heating, cooling and domestic hot water supplied from a central source.
Member States are free to decide whether walk-by or drive-by technologies are to be considered remotely readable
or not. Remotely readable devices do not require access to individual apartments or units to be read.
```
```
(98) Member States should take into account the fact that the successful implementation of new technologies for
measuring energy consumption requires enhanced investment in education and skills for both users and energy
suppliers.
```
```
(99) Billing information and annual statements are an important means by which customers are informed of their energy
consumption. Data on consumption and costs can also convey other information that helps consumers to compare
their current deal with other offers and to make use of complaint-management and alternative dispute-resolution
mechanisms. However, considering that bill-related disputes are a common source of consumer complaints and a
factor which contributes to persistently low levels of consumer satisfaction and engagement with their energy
providers, it is necessary to make bills simpler, clearer and easier to understand, while ensuring that separate
instruments, such as billing information, information tools and annual statements, provide all the necessary
information to enable consumers to regulate their energy consumption, compare offers and switch suppliers.
```
```
(100) When designing energy efficiency improvement measures, Member States should take due account of the need to
ensure the correct functioning of the internal market and the consistent implementation of the acquis, in accordance
with the TFEU.
```
```
(101) High-efficiency cogeneration and efficient district heating and cooling have significant potential for saving primary
energy in the Union. Member States should carry out a comprehensive assessment of the potential for high-
efficiency cogeneration and efficient district heating and cooling. Those assessments should be consistent with
Member States’ integrated national energy and climate plans and their long-term renovation strategies, and could
include trajectories leading to a renewable energy and waste heat based national heating and cooling sector within a
timeframe compatible with the achievement of the climate neutrality objective. New electricity generation
installations and existing installations which are substantially refurbished or whose permit or licence is updated
should, subject to a cost-benefit analysis showing a cost-benefit surplus, be equipped with high-efficiency
cogeneration units to recover waste heat stemming from the production of electricity. Similarly, other facilities with
substantial annual average energy input should be equipped with technical solutions to deploy waste heat from the
facility where the cost-benefit analysis shows a cost-benefit surplus. This waste heat could be transported where it is
needed through district heating networks. The events that trigger a requirement for authorisation criteria to be
applied will generally be such as to also trigger requirements for permits under Directive 2010/75/EU and for
authorisation under Directive (EU) 2019/944.
```
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(102) It may be appropriate for electricity generation installations that are intended to make use of geological storage
permitted under Directive 2009/31/EC of the European Parliament and of the Council(^24 ) to be located in places
where the recovery of waste heat, through high-efficiency cogeneration or by supplying a district heating or cooling
network, is not cost-effective. Member States should therefore be able to exempt those installations from the
obligation to carry out a cost-benefit analysis for providing the installation with equipment allowing the recovery of
waste heat by means of a high-efficiency cogeneration unit. It should also be possible to exempt peak-load and
back-up electricity generation installations which are planned to operate under 1 500operating hours per year as a
rolling average over a period of five years from the requirement to also provide heat.
```
```
(103) It is appropriate for Member States to encourage the introduction of measures and procedures to promote
cogeneration installations with a total rated thermal input of less than 5 MW in order to encourage distributed
energy generation.
```
```
(104) To implement national comprehensive assessments, Member States should encourage the assessments of the
potential for high-efficiency cogeneration and efficient district heating and cooling at regional and local level.
Member States should take steps to promote and facilitate the realisation of the identified cost-efficient potential of
high-efficiency cogeneration and efficient district heating and cooling.
```
```
(105) Requirements for efficient district heating and cooling should be consistent with long-term climate policy goals, the
climate and environmental standards and the priorities of the Union, and should comply with the principle of ‘do no
significant harm’ within the meaning of Regulation (EU) 2020/852. All the district heating and cooling systems
should aim for improved ability to interact with other parts of the energy system in order to optimise the use of
energy and prevent energy waste by using the full potential of buildings to store heat or cold, including the excess
heat from service facilities and nearby data centres. For that reason, efficient district heating and cooling systems
should ensure the increase of primary energy efficiency and a progressive integration of renewable energy and waste
heat and cold as defined in Directive (EU) 2018/2001 of the European Parliament and of the Council(^25 ). Therefore,
this Directive introduces progressively stricter requirements for heating and cooling supply which should be
applicable during specific established time periods and should be permanently applicable
from 1 January 2050onwards.
```
```
(106) The principles to calculate the share of the heat or cold from renewable energy sources in efficient district heating
and cooling should be consistent with Directive (EU) 2018/2001 and Eurostat methodologies for statistical
reporting. Pursuant to Article 7(1) of Directive (EU) 2018/2001, the gross final consumption of energy from
renewable sources includes gross final consumption of energy from renewable sources in the heating and cooling
sector. A gross final energy consumption of heat or cold in district heating or cooling equals heat or cold energy
supply going into the network serving the final customers or energy distributors.
```
```
(107) Heat pumps are important for the decarbonisation of the heating and cooling supply, also in district heating. The
methodology established in Annex VII to Directive (EU) 2018/2001 provides rules to count energy captured by heat
pumps as energy from renewable sources and prevents double counting of the electricity from renewable sources.
For the purposes of calculating the share of renewable energy in a district heating network, all the heat originating
from the heat pump and going into the network should be accounted as renewable energy, provided that the heat
pump meets the minimum efficiency criteria set out in Annex VII to Directive (EU) 2018/2001 at the time of its
installation.
```
```
(^24 ) Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide
and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC,
2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006 (OJ L 140, 5.6.2009, p. 114).
(^25 ) Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of
energy from renewable sources (OJ L 328, 21.12.2018, p. 82).
```
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(108) High-efficiency cogeneration has been defined by the energy savings obtained by combined production instead of
separate production of heat and electricity. Requirements for high-efficiency cogeneration should be consistent with
long-term climate policy goals. The definitions of cogeneration and high-efficiency cogeneration used in Union
legislation should be without prejudice to the use of different definitions in national legislation for purposes other
than those of the Union legislation in question. To maximise energy savings and avoid energy saving opportunities
being missed, the greatest attention should be paid to the operating conditions of cogeneration units.
```
```
(109) To ensure transparency and allow the final customer to choose between electricity from cogeneration and electricity
produced by other techniques, the origin of high-efficiency cogeneration should be guaranteed on the basis of
harmonised efficiency reference values. Guarantee of origin schemes do not of themselves imply a right to benefit
from national support mechanisms. It is important that all forms of electricity produced from high-efficiency
cogeneration can be covered by guarantees of origin. Guarantees of origin should be distinguished from
exchangeable certificates.
```
```
(110) The specific structure of the cogeneration and district heating and cooling sectors, which include many producers
that are SMEs, should be taken into account, especially when reviewing the administrative procedures for obtaining
permission to construct cogeneration capacity or associated networks, in application of the ‘think small first’
principle.
```
```
(111) Most Union businesses are SMEs. They represent an 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.
```
```
(112) Member States should establish, on the basis of objective, transparent and non-discriminatory criteria, rules
governing the bearing and sharing of costs of grid connections and grid reinforcements and rules for technical
adaptations needed to integrate new producers of electricity produced from high-efficiency cogeneration, taking
into account network codes and guidelines developed in accordance with Regulations (EU) 2019/943(^26 ) and (EC)
No 715/2009 of the European Parliament and of the Council(^27 ). Producers of electricity generated from high-
efficiency cogeneration should be allowed to issue a call for tender for the connection work. Access to the grid
system for electricity produced from high-efficiency cogeneration, especially for small scale and micro-cogeneration
units, should be facilitated. In accordance with Article 3(2) of Directive 2009/73/EC and Article 9(2) of Directive
(EU) 2019/944, it is possible for Member States to impose public service obligations, including in relation to energy
efficiency, on enterprises operating in the electricity and gas sectors.
```
```
(113) It is necessary to set out provisions relating to billing, single point of contact, out-of-court dispute settlement, energy
poverty and basic contractual rights, with the aim of aligning them, where appropriate, with the relevant provisions
regarding electricity pursuant to Directive (EU) 2019/944, in order to strengthen consumer protection and enable
final customers to receive more frequent, clear and up-to-date information about their heating, cooling or domestic
hot water consumption and to regulate their energy use.
```
```
(114) This Directive strengthens the protection of consumers by introducing basic contractual rights for district heating,
cooling and domestic hot water, coherent with the level of rights, protection and empowerment that Directive
(EU) 2019/944 has introduced for final customers in the electricity sector. Plain and unambiguous information
concerning their rights should be made available to consumers. Several factors impede consumers from accessing,
understanding and acting upon the various sources of market information available to them. The introduction of
basic contractual rights can help, among others, with a proper understanding of the baseline of the quality of
services offered in the contract by the supplier, including the quality and characteristics of the supplied energy. In
addition, it can contribute to the minimisation of hidden or extra costs that could result from the introduction of
```
```
(^26 ) Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity
(OJ L 158, 14.6.2019, p. 54).
(^27 ) Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural
gas transmission networks and repealing Regulation (EC) No 1775/2005 (OJ L 211, 14.8.2009, p. 36).
```
L 231/20 EN Official Journal of the European Union 20.9.


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either upgraded or new services after the signing of the contract without a clear understanding and agreement by the
customer. Those services could concern, among others, the energy supplied, metering and billing services, purchase
and installation or ancillary and maintenance services and costs relating to the network, metering devices, local
heating or cooling equipment. The requirements will contribute to the improvement of comparability of offers and
ensure the same level of basic contractual rights for all Union citizens regarding heating, cooling and domestic hot
water, without restricting national competences.
```
```
(115) In the case of planned disconnection from heating, cooling and domestic hot water, suppliers should provide the
customers concerned with adequate information on alternative measures, such as sources of support to avoid
disconnection, prepayment systems, energy audits, energy consultancy services, alternative payment plans, debt
management advice or disconnection moratoria.
```
```
(116) Greater consumer protection should be guaranteed through the availability of effective, independent out-of-court
dispute settlement mechanisms for all consumers, such as an energy ombudsperson, a consumer body or a
regulatory authority. Member States should, therefore, introduce speedy and effective complaint-handling
procedures.
```
```
(117) The contribution of renewable energy communities, pursuant to Directive (EU) 2018/2001, and citizen energy
communities, pursuant to Directive (EU) 2019/944, towards the objectives of the European Green Deal and the
Climate Target Plan, should be recognised and actively supported. Member States should, therefore, consider and
promote the role of renewable energy communities and citizen energy communities. Those communities can help
Member States to achieve the objectives of this Directive by advancing energy efficiency at local or household level,
as well as in public buildings, in cooperation with local authorities. They can empower and engage consumers and
enable certain groups of household customers, including in rural and remote areas, to participate in energy
efficiency projects and interventions that can combine actions with investment in renewable energy. Energy
communities can have a strong role to play in educating and increasing citizens’ awareness of measures designed to
achieve energy savings. If properly supported by Member States, energy communities can help fighting energy
poverty through the facilitation of energy efficiency projects, reduced energy consumption and lower supply tariffs.
```
```
(118) Long-term behavioural changes in energy consumption can be achieved through the empowerment of citizens.
Energy communities can help deliver long-term energy savings, particularly among households, and an increase in
sustainable investments from citizens and small businesses. Member States should empower such actions by citizens
through support for community energy projects and organisations. In addition, engagement strategies, involving all
relevant stakeholders at national and local level in the policy-making process, can be part of the local or regional
decarbonisation plans or national buildings renovation plans, with the objective of increasing awareness, obtaining
feedback on policies and improving their acceptance by the public.
```
```
(119) The contribution of one-stop shops or similar structures as mechanisms that can enable multiple target groups,
including citizens, SMEs and public authorities, to design and implement projects and measures relating to the clean
energy transition should be recognised. The contribution of one-stop shops can be very important for vulnerable
customers, as they could receive reliable and accessible information about energy efficiency improvements. That
contribution can include the provision of technical, administrative and financial advice and assistance, the
facilitation of the necessary administrative procedures or of access to financial markets, guidance with regard to the
Union and national legal frameworks, including public procurement rules and criteria, and the EU taxonomy.
```
```
(120) The Commission should review the impact of its measures to support the development of platforms or fora,
involving, inter alia, the European social dialogue bodies, on fostering training programmes for energy efficiency,
and should propose further measures where appropriate. The Commission should also encourage the European
social partners in their discussions on energy efficiency, especially for vulnerable customers and final users,
including those in energy poverty.
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(121) A fair transition towards a climate-neutral Union by 2050 is central to the European Green Deal. The European Pillar
of Social Rights, jointly proclaimed by the European Parliament, the Council and the Commission on 17 November
2017, includes energy among the essential services that everyone is entitled to access. Support for access to such
services must be available for those in need, particularly in a context of inflationary pressure and significant
increases in energy prices.
```
```
(122) It is necessary to ensure that people affected by energy poverty, vulnerable customers, people in low-income
households and, where applicable, people living in social housing are protected and, to that end, empowered to
actively participate in the energy efficiency improvement interventions, measures and related consumer protection
or information measures that Member States implement. Targeted awareness-raising campaigns should be
developed to illustrate the benefits of energy efficiency as well to provide information on the financial support
available.
```
```
(123) Public funding available at Union and national level should be strategically invested into energy efficiency
improvement measures, in particular for the benefit of people affected by energy poverty, vulnerable customers,
people in low-income households and, where applicable, people living in social housing. Member States should take
advantage of any financial contribution they might receive from the Social Climate Fund established by Regulation
(EU) 2023/955 of the European Parliament and of the Council(^28 ), and of revenues from allowances from the EU
ETS. Those revenues will support Member States in fulfilling their obligation to implement energy efficiency
measures and policy measures under the energy savings obligation as a priority among people affected by energy
poverty, vulnerable customers, people in low-income households and, where applicable, people living in social
housing including those living in rural and remote regions.
```
```
(124) National funding schemes should be complemented by suitable schemes of better information, technical and
administrative assistance, and easier access to finance that will enable the best use of the available funds especially
by people affected by energy poverty, vulnerable customers, people in low-income households and, where
applicable, people living in social housing.
```
```
(125) Member States should empower and protect all people equally, irrespective of sex, gender, age, disability, race or
ethnic origin, sexual orientation, religion or belief, and ensure that those most affected, those put at greater risk of
being affected by energy poverty, or those most exposed to the adverse impacts of energy poverty are adequately
protected. In addition, Member States should ensure that energy efficiency measures do not exacerbate any existing
inequalities, in particular with respect to energy poverty.
```
```
(126) Pursuant to Article 15(2) of Directive 2012/27/EU, all Member States have undertaken an assessment of the energy
efficiency potential of their gas and electricity infrastructure, and have identified concrete measures and investments
for the introduction of cost-effective energy efficiency improvements in the network infrastructure, with a timetable
for their introduction. The results of those actions represent a solid basis for the application of the energy efficiency
first principle in their network planning, network development and investment decisions.
```
```
(127) National energy regulatory authorities should take an integrated approach encompassing potential savings in the
energy supply and the end-use sectors. Without prejudice to security of supply, market integration and anticipatory
investments in offshore grids necessary for the deployment of offshore renewable energy, national energy
regulatory authorities should ensure that the energy efficiency first principle is applied in the planning and decision-
making processes and that network tariffs and regulations incentivise improvements in energy efficiency. Member
States should also ensure that transmission and distribution system operators consider the energy efficiency first
principle. That would help transmission and distribution system operators to consider better energy efficiency
solutions for and incremental costs incurred from the procurement of demand-side resources, as well as the
```
```
(^28 ) Regulation (EU) 2023/955 of the European Parliament and of the Council of 10 May 2023 establishing a Social Climate Fund and
amending Regulation (EU) 2021/1060 (OJ L 130, 16.5.2023, p. 1).
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environmental and socio-economic impacts of different network investments and operation plans. Such an
approach requires a shift from the narrow economic efficiency perspective to maximised social welfare. The energy
efficiency first principle should in particular be applied in the context of scenario building for energy infrastructure
expansion where demand-side solutions could be considered as viable alternatives and need to be properly assessed,
and should become an intrinsic part of the assessment of network planning projects. Its application should be
scrutinised by national regulatory authorities.
```
```
(128) A sufficient number of reliable professionals competent in the field of energy efficiency should be available to ensure
the effective and timely implementation of this Directive, for instance as regards compliance with the requirements
on energy audits and implementation of energy efficiency obligation schemes. Member States should therefore put
in place certification or equivalent qualification, or both, and suitable training schemes for the providers of energy
services, energy audits and other energy efficiency improvement measures in close cooperation with the social
partners, training providers and other relevant stakeholders. The schemes should be assessed every four years
starting as of December 2024 and, if needed, be updated to ensure the necessary level of competences for energy
services providers, energy auditors, energy managers and installers of building elements.
```
```
(129) It is necessary to continue developing the market for energy services to ensure the availability of both the demand for
and the supply of energy services. Transparency, for example by means of lists of certified energy services providers
and available model contracts, exchange of best practices and guidelines greatly contribute to the uptake of energy
services and energy performance contracting and can also help stimulate demand and increase the trust in energy
services providers. In an energy performance contract the beneficiary of the energy service avoids investment costs
by using part of the financial value of energy savings to fully or partially repay the investment carried out by a third
party. That can help attract private capital which is key for increasing building renovation rates in the Union, bring
expertise into the market and create innovative business models. Therefore, non-residential buildings with the
useful floor area above 750 m^2 should be required to assess the feasibility of using energy performance contracting
for renovation. That is a step ahead to increase the trust in energy services companies and pave the way for
increasing such projects in the future.
```
```
(130) Given the ambitious renovation objectives over the next decade in the context of the Renovation Wave, it is
necessary to increase the role of independent market intermediaries including one-stop shops or similar support
mechanisms in order to stimulate market development on the demand and supply sides and to promote energy
performance contracting for renovation of both private and public buildings. Local energy agencies could play a key
role in that regard, and identify and support setting up potential facilitators or one-stop shops. This Directive should
help improve the availability of products, services and advice, including by promoting the potential for
entrepreneurs to fill the gaps in the market and to provide for innovative ways to enhance energy efficiency, while
ensuring respect for the principle of non-discrimination.
```
```
(131) Energy performance contracting still faces important barriers in several Member States due to remaining regulatory
and non-regulatory barriers. It is therefore necessary to address the ambiguities of the national legislative
frameworks, lack of expertise, especially as regards tendering procedures, and competing loans and grants.
```
```
(132) Member States should continue supporting the public sector in the uptake of energy performance contracting by
providing model contracts that take into account the available European or international standards, tendering
guidelines and the Guide to the Statistical Treatment of Energy Performance Contracts published in May 2018 by
Eurostat and the European Investment Bank (EIB) on the treatment of energy performance contracting in
government accounts, which have provided opportunities for addressing remaining regulatory barriers to those
contracts in Member States.
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(133) Member States have taken measures to identify and address regulatory and non-regulatory barriers. However, there is
a need to increase the effort to remove regulatory and non-regulatory barriers to the use of energy performance
contracting and third-party financing arrangements which help achieve energy savings. Those barriers include
accounting rules and practices that prevent capital investments and annual financial savings resulting from energy
efficiency improvement measures from being adequately reflected in the accounts for the whole life of the
investment.
```
```
(134) Member States used the 2014 and 2017 national energy efficiency action plans to report progress in removing
regulatory and non-regulatory barriers to energy efficiency, as regards split incentives between owners and tenants
or among owners of a building or building units. Member States should continue working in that direction and tap
the potential for energy efficiency in the context of the 2016 Eurostat statistics, in particular the fact that more than
four out of ten Europeans live in flats and more than three out of ten Europeans are tenants.
```
```
(135) Member States, including regional and local authorities, should be encouraged to make full use of the European
funds available under the multiannual financial framework for the years 2021 to 2027 laid down in Council
Regulation (EU, Euratom) 2020/2093(^29 ) the Recovery and Resilience Facility, established by Regulation
(EU) 2021/241 of the European Parliament and of the Council(^30 ), as well as the financial instruments and technical
assistance available under the InvestEU programme, established by Regulation (EU) 2021/523 of the European
Parliament and of the Council(^31 ), to trigger private and public investments in energy efficiency improvement
measures. Investment in energy efficiency has the potential to contribute to economic growth, employment,
innovation and a reduction in energy poverty in households, and therefore makes a positive contribution to
economic, social and territorial cohesion and green recovery. Potential areas for funding include energy efficiency
measures in public buildings and housing, and providing new skills through the development of training, reskilling
and upskilling of professionals, in particular in jobs related to building renovation, to promote employment in the
energy efficiency sector. The Commission will ensure synergies between the different funding instruments, in
particular the funds in shared management and in direct management, such as the centrally-managed programmes
Horizon Europe and LIFE, as well as between grants, loans and technical assistance to maximise their leverage effect
on private financing and their impact on the achievement of energy efficiency policy objectives.
```
```
(136) Member States should encourage the use of financing facilities to further the objectives of this Directive. Such
financing facilities could include financial contributions and fines for infringements of certain provisions of this
Directive, resources allocated to energy efficiency under Article 10(3) of Directive 2003/87/EC, and resources
allocated to energy efficiency in the European funds and programmes, and dedicated European financial
instruments, such as the European Energy Efficiency Fund.
```
```
(137) Financing facilities could be based, where applicable, on resources allocated to energy efficiency from Union project
bonds, resources allocated to energy efficiency from the EIB and other European financial institutions, in particular
the European Bank for Reconstruction and Development (EBRD) and the Council of Europe Development Bank,
resources leveraged in financial institutions, national resources, including through the creation of regulatory and
fiscal frameworks encouraging the implementation of energy efficiency initiatives and programmes, and revenues
from annual emission allocations under Decision No 406/2009/EC of the European Parliament and of
the Council(^32 ).
```
```
(^29 ) Council Regulation (EU, Euratom) 2020/2093 of 17 December 2020 laying down the multiannual financial framework for the years
2021 to 2027 (OJ L 433 I, 22.12.2020, p. 11).
(^30 ) Regulation (EU) 2021/241 of the European Parliament and of the Council of 12 February 2021 establishing the Recovery and
Resilience Facility (OJ L 57, 18.2.2021, p. 17).
(^31 ) Regulation (EU) 2021/523 of the European Parliament and of the Council of 24 March 2021 establishing the InvestEU Programme
and amending Regulation (EU) 2015/1017 (OJ L 107, 26.3.2021, p. 30).
(^32 ) Decision No 406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort of Member States to reduce
their greenhouse gas emissions to meet the Community’s greenhouse gas emission reduction commitments up to 2020 (OJ L 140,
5.6.2009, p. 136).
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(138) The financing facilities could in particular use contributions, resources and revenues from those resources to enable
and encourage private capital investment, in particular drawing on institutional investors, while using criteria
ensuring the achievement of both environmental and social objectives for the granting of funds; make use of
innovative financing mechanisms, including loan guarantees for private capital, loan guarantees to foster energy
performance contracting, grants, subsidised loans and dedicated credit lines, third-party financing systems, that
reduce the risks of energy efficiency projects and allow for cost-effective renovations even among low- and
medium-revenue households; be linked to 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.
```
```
(139) The financing facilities could also provide appropriate resources to support training and certification programmes
which improve and accredit skills for energy efficiency, provide resources for research on and demonstration and
acceleration of uptake of small-scale and micro technologies in the generation of energy and the optimisation 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, and provide appropriate resources to support social dialogue and standard-
setting with the aim of improving energy efficiency and ensuring good working conditions and health and safety at
work.
```
```
(140) Available Union funding programmes, 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 emission allocations under Decision No 406/2009/EC
in the development of such mechanisms on a voluntary basis and taking into account national budgetary rules. The
Commission and the Member States should provide regional and local administrations with adequate information
on such Union funding programmes, financial instruments and innovative financing mechanisms.
```
```
(141) In the implementation of the energy efficiency target, the Commission should monitor the impact of the relevant
measures on Directive 2003/87/EC in order to maintain the incentives in the EU ETS rewarding low carbon
investments and to prepare the EU ETS sectors for the innovations needed in the future. It will need to monitor the
impact on those industry sectors which are exposed to a significant risk of carbon leakage as listed in the Annex to
Commission Decision 2014/746/EU(^33 ), in order to ensure that this Directive promotes and does not impede the
development of those sectors.
```
```
(142) Member State measures should be supported by well-designed and effective Union financial instruments under the
InvestEU programme, and by financing from the EIB and the EBRD, which should support investments in energy
efficiency at all stages of the energy chain and use a comprehensive cost-benefit analysis with a model of
differentiated discount rates. Financial support should focus on cost-effective methods for increasing energy
efficiency, which would lead to a reduction in energy consumption. The EIB and the EBRD should, together with
national promotional banks, design, generate and finance programmes and projects tailored for the efficiency
sector, including for energy-poor households.
```
```
(143) Cross-sectoral law provides a strong basis for consumer protection for a wide range of current energy services, and is
likely to evolve. Nevertheless, certain basic contractual rights of customers should be clearly established. Plain and
unambiguous information should be made available to consumers concerning their rights in relation to the
energy sector.
```
```
(144) In order to be able to evaluate the effectiveness of this Directive, a requirement to conduct a general review of this
Directive and to submit a report to the European Parliament and to the Council by 28 February 2027should be laid
down. That review should allow necessary alignments, also taking into account economic and innovation
developments.
```
```
(^33 ) Commission Decision 2014/746/EU of 27 October 2014 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 significant risk of carbon leakage, for the
period 2015 to 2019 (OJ L 308, 29.10.2014, p. 114).
```
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(145) Local and regional authorities should be given a leading role in the development and design, execution and
assessment of the measures laid down in this Directive, so that they are able properly to address the specific features
of their own climate, culture and society.
```
```
(146) Reflecting technological progress and the growing share of renewable energy sources in the electricity generation
sector, the default coefficient for savings in kWh electricity should be reviewed in order to reflect changes in the
primary energy factor for electricity and other energy carriers. The calculation methodology is in accordance with
the Eurostat energy balances and definitions, except for the allocation method of fuel input for heat and electricity
in combined heat and power plants, for which the efficiency of the reference system, required for the allocation of
fuel consumption, was aligned with Eurostat data for 2015 and 2020. Calculations reflecting the energy mix of the
primary energy factor for electricity are based on annual average values. The ‘physical energy content’ accounting
method is used for nuclear electricity and heat generation and the ‘technical conversion efficiency’ method is used
for electricity and heat generation from fossil fuels and biomass. For non-combustible renewable energy, the
method is the direct equivalent based on the ‘total primary energy’ approach. To calculate the primary energy share
for electricity in cogeneration, the method set out in this Directive is applied. An average rather than a marginal
market position is used. Conversion efficiencies are assumed to be 100 % for non-combustible renewables, 10 % for
geothermal power stations and 33 % for nuclear power stations. The calculation of total efficiency for cogeneration
is based on the most recent data from Eurostat. The conversion, transmission and distribution losses are taken into
account. Distribution losses for energy carriers other than electricity are not considered in the calculations, due to
the lack of reliable data and the complexity of the calculation. As for system boundaries, the primary energy factor
is 1 for all energy sources. The selected coefficient for the primary energy factor for electricity is the average of
2024 and 2025 values, since a forward-looking primary energy factor will provide a more appropriate indicator
than a historical one. The analysis covers the Member States and Norway. The dataset for Norway is based on the
ENTSO-E data.
```
```
(147) Energy savings which result from the implementation of Union law should not be claimed unless they result from a
measure that goes beyond the minimum required by the Union legal act in question, whether by setting more
ambitious energy efficiency requirements at Member State level or by increasing the take-up of the measure.
Buildings present a substantial potential for further increasing energy efficiency, and the renovation of buildings is
an essential and long-term element with economies of scale in increasing energy savings. It is therefore necessary to
clarify that it is possible to claim all energy savings stemming from measures promoting the renovation of existing
buildings, provided that they exceed the savings that would have occurred in the absence of the policy measure and
provided that the Member State demonstrates that the obligated, participating or entrusted party has in fact
contributed to the achievement of the energy savings claimed.
```
```
(148) In accordance with the communication of the Commission of 25 February 2015on ‘A Framework Strategy for a
Resilient Energy Union with a Forward-Looking Climate Change Policy’ and the principles of better regulation,
monitoring and verification rules for the implementation of energy efficiency obligation schemes and alternative
policy measures, including the requirement to check a statistically representative sample of measures, should be
given greater prominence.
```
```
(149) Energy generated on or in buildings from renewable energy technologies reduces the amount of energy supplied
from fossil fuels. The reduction of energy consumption and the use of energy from renewable sources in the
buildings sector are important measures to reduce the Union’s energy dependence and GHG emissions, especially in
view of the ambitious climate and energy objectives set for 2030 as well as the global commitment made in the
context of the Paris Agreement. For the purposes of their cumulative energy savings obligation, it is possible for
Member States to take into account energy savings from policy measures promoting renewable technologies to
meet their energy savings requirements in accordance with the calculation methodology provided for in this
Directive. Energy savings from policy measures regarding the use of direct fossil fuel combustion should not be
counted.
```
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(150) Some of the changes introduced by this Directive might require a subsequent amendment to Regulation
(EU) 2018/1999 in order to ensure coherence between the two legal acts. New provisions, mainly relating to setting
national contributions, gap filling mechanisms and reporting obligations, should be streamlined with and
transferred to that Regulation, once it is amended. Some provisions of Regulation (EU) 2018/1999 might also need
to be reassessed in view of the changes proposed in this Directive. The additional reporting and monitoring
requirements should not create any new parallel reporting systems but would be subject to the existing monitoring
and reporting framework under Regulation (EU) 2018/1999.
```
```
(151) To foster the practical implementation of this Directive at national, regional and local level, the Commission should
continue to support the exchange of experiences on practices, benchmarking, networking activities, as well as
innovative practices by means of an online platform.
```
```
(152) Since the objectives of this Directive, namely to achieve the Union’s energy efficiency target and to pave the way
towards further energy efficiency improvements and towards climate neutrality, cannot be sufficiently achieved by
the Member States but can rather, by reason of the scale and effects of the action, be better achieved at Union level,
the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty
on European Union. In accordance with the principle of proportionality as set out in that Article, this Directive
does not go beyond what is necessary in order to achieve those objectives.
```
```
(153) In order to permit adaptation to technical progress and changes in the distribution of energy sources, the power to
adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of the review of
the harmonised efficiency reference values laid down on the basis of this Directive, in respect of the values,
calculation methods, default primary energy coefficient and requirements in the Annexes to this Directive and in
respect of supplementing this Directive by establishing a common Union scheme for rating the sustainability of data
centres located in its territory. It is of particular importance that the Commission carry out appropriate
consultations during its preparatory work, including at expert level, and that those consultations be conducted in
accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016on Better Law-
Making(^34 ). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament
and the Council receive all documents at the same time as Member States’ experts, and their experts systematically
have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
```
```
(154) Regulation (EU) 2023/955 should be amended in order to take account of the definition of energy poverty
established in this Directive. That would ensure consistency, coherence, complementarity and synergy among
different instruments and funding in particular addressing households in energy poverty.
```
```
(155) The obligation to transpose this Directive into national law should be confined to those provisions which represent a
substantive amendment as compared to the earlier Directive. The obligation to transpose the provisions which are
unchanged arises under the earlier Directive.
```
```
(156) This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for the
transposition into national law of the Directives set out in Part B of Annex XVI,
```
```
(^34 ) OJ L 123, 12.5.2016, p. 1.
```
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HAVE ADOPTED THIS DIRECTIVE:
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```
CHAPTER I
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```
SUBJECT MATTER, SCOPE, DEFINITIONS AND ENERGY EFFICIENCY TARGETS
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```
Article 1
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```
Subject matter and scope
```
1. This Directive establishes a common framework of measures to promote energy efficiency within the Union in order
to ensure that the Union’s targets on energy efficiency are met and enables further energy efficiency improvements. The aim
of that common framework is to contribute to the implementation of Regulation (EU) 2021/1119 of the European
Parliament and of the Council(^35 ) and to the Union’s security of energy supply by reducing its dependence on energy
imports, including fossil fuels.

```
This Directive lays down rules designed to implement energy efficiency as a priority across all sectors, remove barriers in
the energy market and overcome market failures that impede efficiency in the supply, transmission, storage and use of
energy. It also provides for the establishment of indicative national energy efficiency contributions for 2030.
```
```
This Directive contributes to the implementation of the energy efficiency first principle, thus also contributing to the Union
being an inclusive, fair and prosperous society with a modern, resource-efficient and competitive economy.
```
2. The requirements laid down in this Directive are minimum requirements and shall not prevent any Member State
from maintaining or introducing more stringent measures. Such measures shall comply with Union law. Where national
legislation provides for more stringent measures, the Member State shall notify such legislation to the Commission.

```
Article 2
```
```
Definitions
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```
For the purposes of this Directive, the following definitions apply:
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```
(1) ‘energy’ means energy products as defined in Article 2, point (d), of Regulation (EC) No 1099/2008 of the European
Parliament and of the Council(^36 );
```
```
(2) ‘energy efficiency first’ means energy efficiency first as defined in Article 2, point (18), of Regulation (EU) 2018/1999;
```
```
(3) ‘energy system’ means a system primarily designed to supply energy-services to satisfy the demand of end-use sectors
for energy in the forms of heat, fuels, and electricity;
```
```
(4) ‘system efficiency’ means the selection of energy-efficient solutions where they also enable a cost-effective
decarbonisation pathway, additional flexibility and the efficient use of resources;
```
```
(5) ‘primary energy consumption’ or ‘PEC’ means gross available energy, excluding international maritime bunkers, final
non-energy consumption and ambient energy;
```
```
(^35 ) Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving
climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021,
p. 1).
(^36 ) Regulation (EC) No 1099/2008 of the European Parliament and of the Council of 22 October 2008 on energy statistics (OJ L 304,
14.11.2008, p. 1).
```
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(6) ‘final energy consumption’ or ‘FEC’ means all energy supplied to industry, to transport, including energy consumption
in international aviation, to households, to public and private services, to agriculture, to forestry, to fishing and to
other end-use sectors, excluding energy consumption in international maritime bunkers, ambient energy and
deliveries to the transformation sector and to the energy sector, and losses due to transmission and distribution as
defined in Annex A to Regulation (EC) No 1099/2008;
```
```
(7) ‘ambient energy’ means ambient energy as defined in Article 2, point (2), of Directive (EU) 2018/2001;
```
```
(8) ‘energy efficiency’ means the ratio of output of performance, service, goods or energy to input of energy;
```
```
(9) ‘energy savings’ means an amount of saved energy determined by measuring or estimating consumption, or both,,
before and after the implementation of an energy efficiency improvement measure, whilst ensuring normalisation for
external conditions that affect energy consumption;
```
```
(10) ‘energy efficiency improvement’ means an increase in energy efficiency as a result of any technological, behavioural or
economic changes;
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```
(11) ‘energy service’ means the physical benefit, utility or good derived from a combination of energy with energy-efficient
technology or with action, which may include the operations, maintenance and control necessary to deliver the
service, which is delivered on the basis of a contract and in normal circumstances has proven to result in verifiable
and measurable or estimable energy efficiency improvement or primary energy savings;
```
```
(12) ‘public bodies’ means national, regional or local authorities and entities directly financed and administered by those
authorities but not having an industrial or commercial character;
```
```
(13) ‘total useful floor area’ means the floor area of a building, or part of a building, where energy is used to condition the
indoor climate;
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```
(14) ‘contracting authorities’ means contracting authorities as defined in Article 6(1) of Directive 2014/23/EU,
Article 2(1), point (1), of Directive 2014/24/EU and Article 3(1) of Directive 2014/25/EU;
```
```
(15) ‘contracting entities’ means contracting entities as defined in Article 7(1) of Directive 2014/23/EU and Article 4(1) of
Directive 2014/25/EU;
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```
(16) ‘energy management system’ means a set of interrelated or interacting elements of a strategy which sets an energy
efficiency objective and a plan to achieve that objective, including the monitoring of actual energy consumption,
actions taken to increase energy efficiency and the measurement of progress;
```
```
(17) ‘European standard’ means a standard adopted by the European Committee for Standardization, the European
Committee for Electrotechnical Standardization or the European Telecommunications Standards Institute, which is
made available for public use;
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```
(18) ‘international standard’ means a standard adopted by the International Organization for Standardization, which is
made available for public use;
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```
(19) ‘obligated party’ means an energy distributor, retail energy sales company or transmission system operator, which is
bound by the national energy efficiency obligation schemes referred to in Article 9;
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```
(20) ‘entrusted party’ means a legal entity with delegated power from a government or other public body to develop,
manage or operate a financing scheme on behalf of that government or other public body;
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```
(21) ‘participating party’ means an enterprise or public body that has committed itself to reaching certain objectives under
a voluntary agreement, or that is covered by a national regulatory policy instrument;
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(22) ‘implementing public authority’ means a body governed by public law which is responsible for the carrying out or
monitoring of energy or carbon taxation, financial schemes and instruments, fiscal incentives, standards and norms,
energy labelling schemes, training or education;
```
```
(23) ‘policy measure’ means a regulatory, financial, fiscal, voluntary or information provision instrument formally
established and implemented in a Member State to create a supportive framework, requirement or incentive for
market actors to provide and purchase energy services and to undertake other energy efficiency improvement
measures;
```
```
(24) ‘individual action’ means an action that leads to verifiable and measurable or estimable energy efficiency
improvements and that is undertaken as a result of a policy measure;
```
```
(25) ‘energy distributor’ means a natural or legal person, including a distribution system operator, who is responsible for
transporting energy with a view to its delivery to final customers or to distribution stations that sell energy to final
customers;
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```
(26) ‘distribution system operator’ means distribution system operator as defined in Article 2, point (29), of Directive
(EU) 2019/944 as regards electricity or Article 2, point (6), of Directive 2009/73/EC as regards gas;
```
```
(27) ‘retail energy sales company’ means a natural or legal person who sells energy to final customers;
```
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(28) ‘final customer’ means a natural or legal person who purchases energy for own end use;
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```
(29) ‘energy service provider’ means a natural or legal person who delivers energy services or energy efficiency
improvement measures in a final customer’s facility or premises;
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```
(30) ‘small and medium-sized enterprises’ or ‘SMEs’ means enterprises as defined in Article 2(1) of the Annex to
Commission Recommendation 2003/361/EC(^37 );
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```
(31) ‘microenterprise’ means an enterprise as defined in Article 2(3) of the Annex to Recommendation 2003/361/EC;
```
```
(32) ‘energy audit’ means a systematic procedure with the purpose of obtaining adequate knowledge of the energy
consumption profile of a building or group of buildings, an industrial or commercial operation or installation or a
private or public service, identifying and quantifying opportunities for cost-effective energy savings, identifying the
potential for cost-effective use or production of renewable energy and reporting the findings;
```
```
(33) ‘energy performance contracting’ means a contractual arrangement between the beneficiary and the provider of an
energy efficiency improvement measure, verified and monitored during the whole term of the contract, where the
works, supply or service in that measure are paid for in relation to a contractually agreed level of energy efficiency
improvement or another agreed energy performance criterion, such as financial savings;
```
```
(34) ‘smart metering system’ means smart metering system as defined in Article 2, point (23), of Directive (EU) 2019/944
or intelligent metering system as referred to in Directive 2009/73/EC;
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(35) ‘transmission system operator’ means transmission system operator as defined in Article 2, point (35), of Directive
(EU) 2019/944 as regards electricity or Article 2, point (4), of Directive 2009/73/EC as regards gas;
```
```
(36) ‘cogeneration’ means the simultaneous generation in one process of thermal energy and electrical or mechanical
energy;
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(37) ‘economically justifiable demand’ means a demand that does not exceed the needs for heating or cooling and which
would otherwise be satisfied at market conditions by energy generation processes other than cogeneration;
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```
(^37 ) Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises
(OJ L 124, 20.5.2003, p. 36).
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(38) ‘useful heat’ means heat produced in a cogeneration process to satisfy an economically justifiable demand for heating
or cooling;
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(39) ‘electricity from cogeneration’ means electricity generated in a process linked to the production of useful heat and
calculated in accordance with the general principles set out in Annex II;
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```
(40) ‘high-efficiency cogeneration’ means cogeneration meeting the criteria laid down in Annex III;
```
```
(41) ‘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 cogeneration process and gross electricity and mechanical
energy production;
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```
(42) ‘power-to-heat ratio’ means the ratio of electricity from cogeneration to useful heat when operating in full
cogeneration mode using operational data of the specific unit;
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```
(43) ‘cogeneration unit’ means a unit that is able to operate in cogeneration mode;
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(44) ‘small-scale cogeneration unit’ means a cogeneration unit with installed capacity below 1 MWe;
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(45) ‘micro-cogeneration unit’ means a cogeneration unit with a maximum capacity below 50 kWe;
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(46) ‘efficient district heating and cooling’ means a district heating or cooling system meeting the criteria laid down in
Article 26;
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```
(47) ‘efficient heating and cooling’ means a heating and cooling option that, compared to a baseline scenario reflecting a
business-as-usual situation, measurably reduces the input 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 distribution;
```
```
(48) ‘efficient individual heating and cooling’ means an individual heating and cooling supply option that, compared 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 non-renewable
primary energy but at a lower cost, taking into account the energy required for extraction, conversion, transport and
distribution;
```
```
(49) ‘data centre’ means data centre as defined in Annex A, point 2.6.3.1.16, of Regulation (EC) No 1099/2008;
```
```
(50) ‘substantial refurbishment’ means a refurbishment the cost of which exceeds 50 % of the investment cost for a new
comparable unit;
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```
(51) ‘aggregator’ means independent aggregator as defined in Article 2, point (19), of Directive (EU) 2019/944;
```
```
(52) ‘energy poverty’ means a household’s lack of access to essential energy services, where such services provide basic
levels and decent standards of living and health, including adequate heating, hot water, cooling, lighting, and energy
to power appliances, in the relevant national context, existing national social policy and other relevant national
policies, caused by a combination of factors, including at least non-affordability, insufficient disposable income, high
energy expenditure and poor energy efficiency of homes;
```
```
(53) ‘final user’ means a natural or legal person purchasing heating, cooling or domestic hot water for their own end use,
or a natural or legal person occupying an individual building or a unit in a multi-apartment or multi-purpose
building supplied with heating, cooling or domestic hot water from a central source, where such a person has no
direct or individual contract with the energy supplier;
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(54) ‘split incentives’ means the lack of fair and reasonable distribution of financial obligations and rewards relating to
energy efficiency investments among the actors concerned, for example the owners and tenants or the different
owners of building units, or owners and tenants or different owners of multi-apartment or multi-purpose buildings.
```
```
(55) ‘engagement strategy’ means a strategy that sets objectives, develops techniques and establishes the process by which
to involve all relevant stakeholders at national or local level, including civil society representatives such as consumer
organisations, in the policy-making process, with the goal of increasing awareness, obtaining feedback on such
policies and improving their public acceptance.
```
```
(56) ‘statistically significant proportion and representative sample of the energy efficiency improvement measures’ means
such a proportion and sample which require the establishment of a subset of a statistical population of the energy
savings measures in question in such a way as to reflect the entire population of all energy savings measures, and
thus allow for reasonably reliable conclusions regarding confidence in the totality of the measures.
```
```
Article 3
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```
Energy efficiency first principle
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1. In accordance with the energy efficiency first principle, Member States shall ensure that energy efficiency solutions,
including demand-side resources and system flexibilities, are assessed in planning, policy and major investment decisions
of a value of more than EUR 100 000 000each or EUR 175 000 000for transport infrastructure projects, relating to the
following sectors:

```
(a) energy systems; and
```
```
(b) non-energy sectors, where those sectors have an impact on energy consumption and energy efficiency such as
buildings, transport, water, information and communications technology (ICT), agriculture and financial sectors.
```
2. By 11 October 2027, the Commission shall carry out an assessment of the thresholds set out in paragraph 1, with the
aim of downward revision, taking into account possible developments in the economy and in the energy market. The
Commission shall, by 11 October 2028, submit a report to the European Parliament and to the Council, followed, where
appropriate, by legislative proposals.
3. In applying this Article, Member States are encouraged to take into account Commission Recommendation
(EU) 2021/1749(^38 ).
4. Member States shall ensure that the competent authorities monitor the application of the energy efficiency first
principle, including, where appropriate, sector integration and cross-sectoral impacts, where policy, planning and
investment decisions are subject to approval and monitoring requirements.
5. In applying the energy efficiency first principle, Member States shall:

```
(a) promote and, where cost-benefit analyses are required, ensure the application of, and make publicly available, cost-
benefit methodologies that allow proper assessment of the wider benefits of energy efficiency solutions where
appropriate, taking into account the entire life cycle and long-term perspective, system and cost efficiency, security of
supply and quantification from the societal, health, economic and climate neutrality perspectives, sustainability and
circular economy principles in transition to climate neutrality;
```
```
(b) address the impact on energy poverty;
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```
(^38 ) Commission Recommendation (EU) 2021/1749 of 28 September 2021 on Energy Efficiency First: from principles to practice —
Guidelines and examples for its implementation in decision-making in the energy sector and beyond (OJ L 350, 4.10.2021, p. 9).
```
L 231/32 EN Official Journal of the European Union 20.9.2023


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(c) identify an entity or entities responsible for monitoring the application of the energy efficiency first principle and the
impacts of regulatory frameworks, including financial regulations, planning, policy and the major investment
decisions referred to in paragraph 1 on energy consumption, energy efficiency and energy systems;
```
```
(d) report to the Commission, as part of their integrated national energy and climate progress reports submitted pursuant
to Article 17 of Regulation (EU) 2018/1999, on how the energy efficiency first principle was taken into account in the
national and, where applicable, regional and local planning, policy and major investment decisions related to the
national and regional energy systems including at least the following:
```
```
(i) an assessment of the application and benefits of the energy efficiency first principle in energy systems, in particular
in relation to energy consumption;
```
```
(ii) a list of actions taken to remove any unnecessary regulatory or non-regulatory barriers to the implementation of
the energy efficiency first principle and of demand-side solutions, including through the identification of national
legislation and measures that are contrary to the energy efficiency first principle.
```
6. By 11 April 2024, the Commission shall adopt guidelines providing a common general framework including
supervision, the monitoring and reporting procedure, which Member States may use to design the cost-benefit
methodologies referred to in paragraph 5, point (a), for the purpose of comparability, while leaving the possibility for
Member States to adapt to national and local circumstances.

```
Article 4
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Energy efficiency targets
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1. Member States shall collectively ensure a reduction of energy consumption of at least 11,7 % in 2030 compared to
the projections of the 2020 EU Reference Scenario so that the Union’s final energy consumption amounts to no more than
763 Mtoe. Member States shall make efforts to collectively contribute to the indicative Union primary energy consumption
target amounting to no more than 992,5 Mtoe in 2030.
2. Each Member State shall set an indicative national energy efficiency contribution based on final energy consumption
to meet, collectively, the Union’s binding final energy consumption target referred to in paragraph 1 of this Article and shall
make efforts to contribute collectively to the Union’s indicative primary energy consumption target referred to in that
paragraph. Member States shall notify those contributions to the Commission, together with an indicative trajectory for
those contributions, as part of the updates of their integrated national energy and climate plans submitted pursuant to
Article 14(2) of Regulation (EU) 2018/1999, and of their integrated national energy and climate plans notified pursuant to
Article 3 and Articles 7 to 12 of that Regulation. When doing so, Member States shall also express their contributions in
terms of an absolute level of primary energy consumption in 2030. When setting their indicative national energy
efficiency contributions, Member States shall take into account the requirements set out in paragraph 3 of this Article and
explain how, and on the basis of which data, the contributions have been calculated. To that end, they may use the formula
set out in Annex I to this Directive.

```
Member States shall provide the shares of primary energy consumption and final energy consumption of energy end-use
sectors, as defined in Regulation (EC) No 1099/2008, including industry, residential, services and transport, in their
national energy efficiency contributions. Member States shall also indicate projections for energy consumption in ICT.
```
3. In setting their indicative national energy efficiency contributions referred to in paragraph 2, Member States shall take
into account:

```
(a) the Union’s 2030 final energy consumption target of no more than 763 Mtoe and the primary energy consumption
target of no more than 992,5 Mtoe, as provided for in paragraph 1;
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(b) the measures provided for in this Directive;
```
```
(c) other measures to promote energy efficiency within Member States and at Union level;
```
```
(d) any relevant factors affecting efficiency efforts:
```
```
(i) early efforts and actions in energy efficiency;
```
```
(ii) the equitable distribution of efforts across the Union;
```
```
(iii) the energy intensity of the economy;
```
```
(iv) the remaining cost-effective energy-saving potential;
```
```
(e) other national circumstances affecting energy consumption, in particular:
```
```
(i) GDP and demographic evolution and forecast;
```
```
(ii) changes of energy imports and exports, developments in the energy mix and the deployment of new sustainable
fuels;
```
```
(iii) the development of all sources of renewable energies, nuclear energy, carbon capture and storage;
```
```
(iv) the decarbonisation of energy intensive industries;
```
```
(v) the level of ambition in the national decarbonisation or climate neutrality plans;
```
```
(vi) economic energy savings potential;
```
```
(vii) current climate conditions and climate change forecast.
```
4. When applying the requirements set out in paragraph 3, a Member State shall ensure that its contribution in Mtoe is
not more than 2,5 % above what it would have been had it resulted from the formula set out in Annex I.
5. The Commission shall assess that the collective contribution of Member States is at least equal to the Union’s binding
target for final energy consumption set out in paragraph 1 of this Article. Where the Commission concludes that it is
insufficient, as part of its assessment of the draft updated national energy and climate plans pursuant to Article 9(2) of
Regulation (EU) 2018/1999, or at the latest by 1 March 2024, taking into consideration the updated 2020 EU Reference
Scenario pursuant to this paragraph, the Commission shall submit to each Member State a corrected indicative national
energy efficiency contribution for final energy consumption on the basis of:

```
(a) the remaining collective reduction of final energy consumption needed to achieve the Union’s binding target set out in
paragraph 1;
```
```
(b) the relative GHG intensity per GDP unit in 2019 among the Member States concerned;
```
```
(c) the GDP of those Member States in 2019.
```
```
Before applying the formula in Annex I for the mechanism established in this paragraph and at the latest by 30 November
2023, the Commission shall update the 2020 EU Reference Scenario on the basis of the latest Eurostat data reported by the
Member States, in accordance with Article 4(2), point (b), and Article 14 of Regulation (EU) 2018/1999.
```
```
Notwithstanding Article 37 of this Directive, Member States that wish to update their indicative national energy efficiency
contributions pursuant to paragraph 2 of this Article, using the updated 2020 EU Reference Scenario, shall notify their
updated indicative national energy efficiency contribution at the latest by 1 February 2024. Where a Member State wishes
to update its indicative national energy efficiency contribution, it shall ensure that its contribution in Mtoe is not more
than 2,5 % above what it would have been had it resulted from the formula set out in Annex I with the use of the updated
2020 EU Reference Scenario.
```
L 231/34 EN Official Journal of the European Union 20.9.2023


```
Member States to which a corrected indicative national energy efficiency contribution was submitted by the Commission
shall update their indicative national energy efficiency contributions pursuant to paragraph 2 of this Article, with the
corrected indicative national energy efficiency contribution for final energy consumption together with an update of their
indicative trajectory for those contribution and, where applicable, their additional measures, as part of the updates of their
integrated national energy and climate plans submitted pursuant to Article 14(2) of Regulation (EU) 2018/1999. The
Commission shall, in accordance with that Regulation, require Member States to submit, without delay, their corrected
indicative energy efficiency contribution and, where applicable, their additional measures to ensure the application of the
mechanism set out in this paragraph.
```
```
Where a Member State has notified an indicative national energy efficiency contribution for final energy consumption in
Mtoe equal to or below what it would have been had it resulted from the formula set out in Annex I, the Commission shall
not amend that contribution.
```
```
When applying the mechanism set out in this paragraph, the Commission shall ensure that there is no difference left
between the sum of the national contributions of all Member States and the Union’s binding target set out in paragraph 1.
```
6. Where the Commission concludes, on the basis of its assessment pursuant to Article 29(1) and (3) of Regulation
(EU) 2018/1999, that insufficient progress has been made towards meeting the energy efficiency contributions, Member
States that are above their indicative trajectories for final energy consumption referred to in paragraph 2 of this Article
shall ensure that additional measures are implemented within one year of the date of receipt of the Commission’s
assessment in order to get back on track to reach their energy efficiency contributions. Those additional measures shall
include, but shall not be limited to, at least one of the following measures:

```
(a) national measures delivering additional energy savings, including stronger project development assistance for the
implementation of energy efficiency investment measures;
```
```
(b) increasing the energy savings obligation set out in Article 8 of this Directive;
```
```
(c) adjusting the obligation for public sector;
```
```
(d) making a voluntary financial contribution to the national energy efficiency fund referred to in Article 30 of this
Directive or another financing instrument dedicated to energy efficiency, where the annual financial contributions
shall be equal to the investments required to reach the indicative trajectory.
```
```
Where a Member State’s final energy consumption is above its indicative trajectory for final energy consumption referred to
in paragraph 2 of this Article, it shall include in its integrated national energy and climate progress report submitted
pursuant to Article 17 of Regulation (EU) 2018/1999 an explanation of the measures it will take to cover the gap in order
to ensure that it reaches its national energy efficiency contributions and the amount of energy savings expected to be
delivered.
```
```
The Commission shall assess whether the national measures referred to in this paragraph are sufficient to achieve the
Union’s energy efficiency targets. Where national measures are deemed to be insufficient, the Commission shall, as
appropriate, propose measures and exercise its power at Union level in order to ensure, in particular, the achievement of
the Union’s 2030 targets for energy efficiency.
```
7. The Commission shall assess by 31 December 2026any methodological changes in the data reported pursuant to
Regulation (EC) No 1099/2008, in the methodology for calculating energy balance, and in energy models for European
energy use, and, if necessary, propose technical calculation adjustments to the Union’s 2030 targets with a view to
maintaining the level of ambition set out in paragraph 1 of this Article.

20.9.2023 EN Official Journal of the European Union L 231/35


```
CHAPTER II
```
```
EXEMPLARY ROLE OF PUBLIC SECTOR
```
```
Article 5
```
```
Public sector leading on energy efficiency
```
1. Member States shall ensure that the total final energy consumption of all public bodies combined is reduced by at
least 1,9 % each year, when compared to 2021.

```
Member States may choose to exclude public transport or the armed forces from the obligation laid down in the first
subparagraph.
```
```
For the purposes of the first and second subparagraphs, Member States shall establish a baseline, which includes the final
energy consumption of all public bodies, except in public transport or the armed forces, for 2021. Energy consumption
reduction of public transport and armed forces is indicative and may still count for fulfilling the obligation under the first
subparagraph even if excluded from the baseline under this Article.
```
2. During a transitional period ending on 11 October 2027the target set out in paragraph 1 shall be indicative. During
that transitional period, Member States may use estimated consumption data, and, by the same date, Member States shall
adjust the baseline and align the estimated final energy consumption of all public bodies to the actual final energy
consumption of all public bodies.
3. The obligation laid down in paragraph 1 shall not include, until 31 December 2026, the energy consumption of
public bodies in local administrative units with a population of less than 50 000and, until 31 December 2029, the energy
consumption of public bodies in local administrative units with a population of less than 5 000inhabitants.
4. A Member State may take into account climatic variations within it when calculating its public bodies’ final energy
consumption.
5. Member States shall include in the updates, submitted pursuant to Article 14(2) of Regulation (EU) 2018/1999, of
their national energy and climate plans, notified pursuant to Article 3 and Articles 7 to 12 of that Regulation, the amount
of energy consumption reduction to be achieved by all public bodies, disaggregated by sector, and the measures that they
plan to adopt for the purpose of achieving those reductions. As part of their integrated national energy and climate
progress reports submitted pursuant to Article 17 of Regulation (EU) 2018/1999, Member States shall report to the
Commission the final energy consumption reduction achieved every year.
6. Member States shall ensure that regional and local authorities establish specific energy efficiency measures in their
long-term planning tools, such as decarbonisation or sustainable energy plans, after consulting relevant stakeholders,
including energy agencies where appropriate, and the public, including, in particular, vulnerable groups which are at risk
of being affected by energy poverty or are more susceptible to its effects.

```
Member States shall also ensure that the competent authorities take actions to mitigate significant negative direct or indirect
impacts of energy efficiency measures on energy poor, low-income households or vulnerable groups when designing and
implementing energy efficiency measures.
```
7. Member States shall support public bodies. Such support may, without prejudice to the State aid rules, include
financial and technical support, for the purpose of taking up energy efficiency improvement measures and encouraging
public bodies to take into account the wider benefits beyond energy savings, for example the quality of the indoor
environment, including at regional and local level, by providing guidelines, promoting competence building, the
acquisition of skills and training opportunities, and by encouraging cooperation among public bodies.

L 231/36 EN Official Journal of the European Union 20.9.2023


8. Member States shall encourage public bodies to consider life cycle carbon emissions as well as the economic and
social benefits of their public bodies’ investment and policy activities.
9. Member States shall encourage public bodies to improve the energy performance of buildings owned or occupied by
public bodies, including by means of the replacement of old and inefficient heaters.

```
Article 6
```
```
Exemplary role of public bodies’ buildings
```
1. Without prejudice to Article 7 of Directive 2010/31/EU, each Member State shall ensure that at least 3 % of the total
floor area of heated and/or cooled buildings that are owned by public bodies is renovated each year to be transformed into
at least nearly zero-energy buildings or zero-emission buildings in accordance with Article 9 of Directive 2010/31/EU.

```
Member States may choose which buildings to include in the 3 % renovation requirement, giving due consideration to cost-
effectiveness and technical feasibility in the choice of buildings to renovate.
```
```
Member States may exempt social housing from the obligation to renovate referred to in the first subparagraph where such
renovations would not be cost neutral or would lead to rent increases for people living in social housing unless such rent
increases are no higher than the economic savings on the energy bill.
```
```
Where public bodies occupy a building that they do not own, they shall negotiate with the owner, in particular when
reaching a trigger point such as the renewal of rental, change of use, significant repair or maintenance work, with the aim
of establishing contractual clauses for the building to become at least a nearly zero-energy building or zero-
emission building.
```
```
The rate of at least 3 % shall be calculated on the total floor area of buildings which have a total useful floor area of over
250 m^2 , that are owned by public bodies and that, on 1 January 2024, are not nearly zero-energy buildings.
```
2. Member States may apply requirements that are less stringent than those laid down in paragraph 1 for the following
categories of buildings:

```
(a) buildings officially protected as part of a designated environment, or because of their special architectural or historical
merit, in so far as compliance with certain minimum energy performance requirements would alter their character or
appearance unacceptably;
```
```
(b) buildings owned by the armed forces or central government and serving national defence purposes, apart from single
living quarters or office buildings for the armed forces and other staff employed by national defence authorities;
```
```
(c) buildings used as places of worship and for religious activities.
```
```
Member States may decide not to renovate any building that is not referred to in the first subparagraph of this paragraph up
to the level provided for in paragraph 1 if they assess that it is not technically, economically or functionally feasible for that
building to be transformed into a nearly zero-energy building. Where they so decide, Member States shall not count the
renovation of that building towards the fulfilment of the requirement set out in paragraph 1.
```
3. In order to front load energy savings and to provide an incentive for early action, a Member State that renovates more
than 3 % of the total floor area of its buildings in accordance with paragraph 1 in any year until 31 December 2026may
count the surplus towards the annual renovation rate of any of the following three years. A Member State that renovates
more than 3 % of the total floor area of its buildings as of 1 January 2027may count the surplus towards the annual
renovation rate of the following two years.

20.9.2023 EN Official Journal of the European Union L 231/37


4. Member States may count towards the annual renovation rate of buildings new buildings owned as replacements for
specific public bodies’ buildings demolished in any of the two previous years. This shall apply only where they would be
more cost effective and sustainable in terms of the energy and lifecycle CO 2 emissions achieved compared to the
renovations of such buildings. The general criteria, methodologies and procedures to identify such exceptional cases shall
be clearly set out and published by each Member State.
5. By 11 October 2025, Member States shall, for the purposes of this Article, establish and make publicly available and
accessible an inventory of heated and/or cooled buildings that are owned or occupied by public bodies and that have a total
useful floor area of more than 250 m^2. Member States shall update that inventory at least every two years. The inventory
shall be linked to the building stock overview carried out in the framework of the national building renovation plans in
accordance with Directive 2010/31/EU and the relevant databases.

```
Publicly available and accessible data about building stock characteristics, buildings renovation and energy performance
may be aggregated by the EU Building Stock Observatory to ensure a better understanding of the energy performance of
the building sector through comparable data.
```
```
The inventory shall contain at least the following data:
```
```
(a) the floor area in m^2 ;
```
```
(b) the measured annual energy consumption of heat, cooling, electricity and hot water when those data are available;
```
```
(c) the energy performance certificate of each building issued in accordance with Directive 2010/31/EU.
```
6. Member States may decide to apply an alternative approach to that set out in paragraphs 1 to 4 for the purpose of
achieving, every year, an amount of energy savings in the buildings of public bodies which is at least equivalent to the
amount required in paragraph 1.

```
For the purpose of applying that alternative approach, Member States shall:
```
```
(a) ensure that, each year, a renovation passport is introduced, where applicable, for buildings representing at least 3 % of
the total floor area of heated and/or cooled buildings that are owned by public bodies. For those buildings, the
renovation to nearly zero-energy building shall be achieved at the latest by 2040;
```
```
(b) estimate the energy savings that paragraphs 1 to 4 would generate by using appropriate standard values for the energy
consumption of reference public bodies’ buildings before and after renovation to be transformed into nearly zero-
energy buildings as referred to in Directive 2010/31/EU.
```
```
Member States that decide to apply the alternative approach shall notify to the Commission, by 31 December 2023, their
projected energy savings to achieve at least the equivalent of energy savings in the buildings covered by paragraph 1
by 31 December 2030.
```
```
Article 7
```
```
Public procurement
```
1. Member States shall ensure that contracting authorities and contracting entities, when concluding public contracts
and concessions with a value equal to or greater than the thresholds laid down in Article 8 of Directive 2014/23/EU,
Article 4 of Directive 2014/24/EU and Article 15 of Directive 2014/25/EU, purchase only products, services buildings and
works with high energy-efficiency performance in accordance with the requirements referred to in Annex IV to this
Directive, unless it is not technically feasible.

L 231/38 EN Official Journal of the European Union 20.9.2023


```
Member States shall also ensure that in concluding the public contracts and concessions with a value equal to or greater
than the thresholds referred to in the first subparagraph, contracting authorities and contracting entities apply the energy
efficiency first principle in accordance with Article 3, including for those public contracts and concessions for which no
specific requirements are provided for in Annex IV.
```
2. The obligations referred to in paragraph 1 of this Article shall not apply if they undermine public security or impede
the response to public health emergencies. The obligations referred to in paragraph 1 of this Article shall apply to the
contracts of the armed forces only to the extent that their application does not cause any conflict with the nature and
primary aim of the activities of the armed forces. The obligations shall not apply to contracts for the supply of military
equipment as defined in Directive 2009/81/EC of the European Parliament and of the Council(^39 ).
3. Notwithstanding Article 29(4), Member States shall ensure that contracting authorities and contracting entities assess
the feasibility of concluding long-term energy performance contracts that provide long-term energy savings when
procuring service contracts with significant energy content.
4. Without prejudice to paragraph 1 of this Article, when purchasing a product package fully covered by a delegated act
adopted under Regulation (EU) 2017/1369, Member States may require that the aggregate energy efficiency take priority
over the energy efficiency of individual products within that package, by purchasing the product package that complies
with the criterion of belonging to the highest available energy efficiency class.
5. Member States may require that contracting authorities and contracting entities, when concluding contracts as
referred to in paragraph 1 of this Article, take into account, where appropriate, wider sustainability, social, environmental
and circular economy aspects in procurement practices with a view to achieving the Union’s decarbonisation and zero
pollution objectives. Where appropriate, and in accordance with Annex IV, Member States shall require contracting
authorities and contracting entities to take into account Union green public procurement criteria or available equivalent
national criteria.

```
To ensure transparency in the application of energy efficiency requirements in the procurement process, Member States
shall ensure that contracting authorities and contracting entities make publicly available information on the energy
efficiency impact of contracts with a value equal to or greater than the thresholds referred to in paragraph 1 by publishing
that information in the respective notices on Tenders Electronic Daily (TED), in accordance with Directives 2014/23/EU,
2014/24/EU and 2014/25/EU, and Commission Implementing Regulation (EU) 2019/1780(^40 ). Contracting authorities
may decide to require that tenderers disclose information on the life cycle global warming potential, the use of low carbon
materials and the circularity of materials used for a new building and for a building to be renovated. Contracting authorities
may make that information publicly available for the contracts, in particular for new buildings having a floor area larger
than 2 000m^2.
```
```
Member States shall support contracting authorities and contracting entities in the uptake of energy efficiency
requirements, including at regional and local level, by providing clear rules and guidelines including methodologies on the
assessment of life cycle costs and environment impacts and costs, setting up competence support centres, encouraging
cooperation amongst contracting authorities, including across borders, and using aggregated procurement and digital
procurement where possible.
```
```
(^39 ) Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the
award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence
and security, and amending Directives 2004/17/EC and 2004/18/EC (OJ L 216, 20.8.2009, p. 76).
(^40 ) Commission Implementing Regulation (EU) 2019/1780 of 23 September 2019 establishing standard forms for the publication of
notices in the field of public procurement and repealing Implementing Regulation (EU) 2015/1986 (‘eForms’) (OJ L 272, 25.10.2019,
p. 7)
```
20.9.2023 EN Official Journal of the European Union L 231/39


6. Where appropriate, the Commission may provide further guidance to national authorities and procurement officials
in the application of energy efficiency requirements in the procurement process. Such support may strengthen existing
fora for the purpose of supporting Member States, such as by means of concerted action, and may assist them in taking
the green public procurement criteria into account.
7. Member States shall establish the legal and regulatory provisions, and administrative practices, regarding public
purchasing and annual budgeting and accounting, necessary to ensure that individual contracting authorities are not
deterred from making investments in improving energy efficiency and from using energy performance contracting and
third-party financing mechanisms on a long-term contractual basis.
8. Member States shall remove any regulatory or non-regulatory barriers to energy efficiency, in particular as regards
legal and regulatory provisions, and administrative practices, regarding public purchasing and annual budgeting and
accounting, with a view to ensuring that individual public bodies are not deterred from making investments in improving
energy efficiency and from using energy performance contracting and third-party financing mechanisms on a long-term
contractual basis.

```
Member States shall report to the Commission on the measures taken to address the barriers to uptake of energy efficiency
improvements as part of their integrated national energy and climate progress reports submitted pursuant to Article 17 of
Regulation (EU) 2018/1999.
```
```
CHAPTER III
```
```
EFFICIENCY IN ENERGY USE
```
```
Article 8
```
```
Energy savings obligation
```
1. Member States shall achieve cumulative end-use energy savings at least equivalent to:

```
(a) new savings each year from 1 January 2014to 31 December 2020of 1,5 % of annual energy sales to final customers by
volume, averaged over the most recent three-year period preceding 1 January 2013. Sales of energy, by volume, used in
transport may be excluded, in whole or in part, from that calculation;
```
```
(b) new savings each year from 1 January 2021to 31 December 2030of:
```
```
(i) 0,8 % of annual final energy consumption from 1 January 2021to 31 December 2023, averaged over the most
recent three-year period preceding 1 January 2019;
```
```
(ii) 1,3 % of annual final energy consumption from 1 January 2024to 31 December 2025, averaged over the most
recent three-year period preceding 1 January 2019;
```
```
(iii) 1,5 % of annual final energy consumption from 1 January 2026to 31 December 2027, averaged over the most
recent three-year period preceding 1 January 2019;
```
```
(iv) 1,9 % of annual final energy consumption from 1 January 2028to 31 December 2030, averaged over the most
recent three-year period preceding 1 January 2019.
```
```
By way of derogation from point (b)(i) of the first subparagraph, Cyprus and Malta shall achieve new savings each year from
1 January 2021to 31 December 2023, equivalent to 0,24 % of annual final energy consumption, averaged over the most
recent three-year period prior to 1 January 2019.
```
```
By way of derogation from points (b)(ii), (iii) and (iv) of the first subparagraph, Cyprus and Malta shall achieve new savings
each year from 1 January 2024to 31 December 2030equivalent to 0,45 % of annual FEC, averaged over the most recent
three-year period preceding 1 January 2019.
```
L 231/40 EN Official Journal of the European Union 20.9.2023


```
Member States shall decide how to phase the calculated quantity of new savings over each period referred to in points (a)
and (b) of the first subparagraph, provided that the required total cumulative end-use energy savings have been achieved
by the end of each obligation period.
```
```
Member States shall continue to achieve new annual savings in accordance with the savings rate provided for in point (b)(iv)
of the first subparagraph for ten-year periods after 2030.
```
2. Member States shall achieve the amount of energy savings required under paragraph 1 of this Article either by
establishing an energy efficiency obligation scheme as referred to in Article 9 or by adopting alternative policy measures as
referred to in Article 10. Member States may combine an energy efficiency obligation scheme with alternative policy
measures. Member States shall ensure that energy savings resulting from the policy measures referred to in Articles 9
and 10 and Article 30(14) are calculated in accordance with Annex V.
3. Member States shall implement energy efficiency obligation schemes, alternative policy measures, or a combination
of both, or programmes or measures financed under a national energy efficiency fund, as a priority among, but not limited
to, people affected by energy poverty, vulnerable customers, people in low-income households and, where applicable,
people living in social housing. Member States shall ensure that policy measures implemented pursuant to this Article have
no adverse effect on those persons. Where applicable, Member States shall make the best possible use of funding, including
public funding, funding facilities established at Union level, and revenues from allowances pursuant to Article 24(3), point
(b), with the aim of removing adverse effects and ensuring a just and inclusive energy transition.

```
For the purpose of achieving the energy savings required under paragraph 1 and without prejudice to Regulation
(EU) 2019/943 and Directive (EU) 2019/944, Member States shall, for the purpose of designing such policy measures,
consider and promote the role of renewable energy communities and citizen energy communities in the contribution to
the implementation towards those policy measures.
```
```
Member States shall establish and achieve a share of the required amount of cumulative end-use energy savings among
people affected by energy poverty, vulnerable customers, people in low-income households and, where applicable, people
living in social housing. This share shall at least be equal to the proportion of households in energy poverty as assessed in
their national energy and climate plans established in accordance with Article 3(3), point (d), of Regulation
(EU) 2018/1999. Member States shall, in their assessment of the share of energy poverty in their national energy and
climate plans, consider the following indicators:
```
```
(a) the inability to keep the home adequately warm (Eurostat, SILC [ilc_mdes01]);
```
```
(b) the arrears on utility bills (Eurostat, SILC [ilc_mdes07]);
```
```
(c) the total population living in a dwelling with a leaking roof, damp walls, floors or foundation, or rot in window frames
or floor (Eurostat, SILC [ilc_mdho01]);
```
```
(d) at-risk-of-poverty rate (Eurostat, SILC and ECHP surveys [ilc_li02]) (cutoff point: 60 % of median equivalised income
after social transfers).
```
```
If a Member State has not notified the share of households in energy poverty as assessed in their national energy and climate
plan, the share of the required amount of cumulative end-use energy savings among people affected by energy poverty,
vulnerable customers, people in low-income households and, where applicable, people living in social housing, shall be at
least equal to the arithmetic average share of the indicators referred to in the third subparagraph for the year 2019 or, if
not available for 2019, for the linear extrapolation of their values for the last three years that are available.
```
20.9.2023 EN Official Journal of the European Union L 231/41


4. Member States shall include information about the indicators applied, the arithmetic average share and the outcome
of policy measures established in accordance with paragraph 3 of this Article in the updates of their integrated national
energy and climate plans submitted pursuant to Article 14(2) of Regulation (EU) 2018/1999, in their subsequent
integrated national energy and climate plans notified pursuant to Article 3 and Articles 7 to 12 of that Regulation, and in
the related national energy and climate progress reports submitted pursuant to Article 17 of that Regulation.
5. Member States may count energy savings that stem from policy measures, whether introduced by 31 December 2020
or after that date, provided that those measures result in new individual actions that are carried out after 31 December
2020. Energy savings achieved in any obligation period shall not count towards the amount of required energy savings for
the previous obligation periods set out in paragraph 1.
6. Provided that Member States achieve at least their cumulative end-use energy savings obligation referred to in
paragraph 1, first subparagraph, point (b)(i), they may calculate the required amount of energy savings referred to in that
point by one or more of the following means:

```
(a) applying an annual savings rate on energy sales to final customers or on final energy consumption, averaged over the
most recent three-year period preceding 1 January 2019;
```
```
(b) excluding, in whole or in part, energy used in transport from the calculation baseline;
```
```
(c) making use of any of the options set out in paragraph 8.
```
7. Where Member States make use of any of the possibilities provided for in paragraph 6 regarding the required energy
savings referred to in paragraph 1, first subparagraph, point (b)(i), they shall establish:

```
(a) their own annual savings rate that will be applied in the calculation of their cumulative end-use energy savings, which
shall ensure that the final amount of their net energy savings is no lower than those required under that point;
```
```
(b) their own calculation baseline, which may exclude, in whole or in part, energy used in transport.
```
8. Subject to paragraph 9, each Member State may:

```
(a) carry out the calculation required under paragraph 1, first subparagraph, point (a), using values of 1 % in 2014
and 2015, 1,25 % in 2016 and 2017, and 1,5 % in 2018, 2019 and 2020;
```
```
(b) exclude from the calculation all or part of the sales of energy used, by volume, with respect to the obligation period
referred to in paragraph 1, first subparagraph, point (a), or final energy consumed, with respect to the obligation
period referred to in point (b)(i), of that subparagraph, by industrial activities listed in Annex I to Directive 2003/87/EC;
```
```
(c) count towards the amount of required energy savings in paragraph 1, first subparagraph, points (a) and (b)(i), energy
savings achieved in the energy transformation, distribution and transmission sectors, including efficient district
heating and cooling infrastructure, as a result of implementing the requirements set out in in Article 25(4), point (a),
of Article 26(7), and Article 27(1), (5) to (9) and (11). Member States shall inform the Commission about their
intended policy measures under this point for the period from 1 January 2021to 31 December 2030as part of their
integrated national energy and climate plans notified pursuant to Article 3 and Articles 7 to 12. The impact of those
measures shall be calculated in accordance with Annex V and included in those plans;
```
```
(d) count towards the amount of required energy savings, energy savings resulting from individual actions newly
implemented since 31 December 2008that continue to have an impact in 2020 with respect to the obligation period
referred to in paragraph 1, first subparagraph, point (a), and beyond 2020 with respect to the period referred to in
point (b)(i), of that subparagraph, and which can be measured and verified;
```
L 231/42 EN Official Journal of the European Union 20.9.2023


```
(e) count towards the amount of required energy savings, energy savings that stem from policy measures, provided that it
can be demonstrated that those measures result in individual actions carried out from 1 January 2018to 31 December
2020 which deliver savings after 31 December 2020;
```
```
(f) exclude from the calculation of the amount of required energy savings pursuant to paragraph 1, first subparagraph,
points (a) and (b)(i), 30 % of the verifiable amount of energy generated on or in buildings for own use as a result of
policy measures promoting new installation of renewable energy technologies;
```
```
(g) count towards the amount of required energy savings pursuant to paragraph 1, first subparagraph, points (a) and (b)(i),
energy savings that exceed the energy savings required for the obligation period from 1 January 2014to 31 December
2020, provided that those savings result from individual actions carried out under policy measures referred to in
Articles 9 and 10, notified by Member States in their national energy efficiency action plans and reported in their
progress reports in accordance with Article 26.
```
9. Member States shall apply and calculate the effect of the options chosen under paragraph 8 for the period referred to
in paragraph 1, first subparagraph, points (a) and (b)(i), separately:

```
(a) for the calculation of the amount of energy savings required for the obligation period referred to in paragraph 1, first
subparagraph, point (a), Member States may make use of the options listed in paragraph 8, points (a) to (d). All the
options chosen under paragraph 8 taken together shall amount to no more than 25 % of the amount of energy savings
referred to in paragraph 1, first subparagraph, point (a);
```
```
(b) for the calculation of the amount of energy savings required for the obligation period referred to in paragraph 1, first
subparagraph, point (b)(i), Member States may make use of the options listed in paragraph 8, points (b) to (g), provided
that the individual actions referred to in paragraph 8, point (d), continue to have a verifiable and measurable impact
after 31 December 2020. All the options chosen under paragraph 8 taken together shall not lead to a reduction of
more than 35 % of the amount of energy savings calculated in accordance with paragraphs 6 and 7.
```
```
Regardless of whether Member States exclude, in whole or in part, energy used in transport from their calculation baseline
or make use of any of the options listed in paragraph 8, they shall ensure that the calculated net amount of new savings to
be achieved in final energy consumption during the obligation period referred to in paragraph 1, first subparagraph, point
(b)(i), from 1 January 2021to 31 December 2023is not lower than the amount resulting from applying the annual savings
rate referred to in that point.
```
10. Member States shall describe in the updates of their integrated national energy and climate plans submitted pursuant
to Article 14(2) of Regulation (EU) 2018/1999, in their subsequent integrated national energy and climate plans notified
pursuant to Article 3 and Articles 7 to 12 of Regulation (EU) 2018/1999 and in accordance with Annex III to Regulation
(EU) 2018/1999, and respective progress reports the calculation of the amount of energy savings to be achieved over the
period from 1 January 2021to 31 December 2030and shall, if relevant, explain how the annual savings rate and the
calculation baseline were established, and how and to what extent the options referred to in paragraph 8 of this Article
were applied.
11. Member States shall notify the Commission of the amount of the required energy savings referred to in paragraph 1,
first subparagraph, point (b), and paragraph 3 of this Article, a description of the policy measures to be implemented to
achieve the required total amount of the cumulative end-use energy savings and their calculation methodologies pursuant
to Annex V to this Directive, as part of the updates of their integrated national energy and climate plans submitted
pursuant to Article 14(2) of Regulation (EU) 2018/1999, and as part of their integrated national energy and climate plans
notified pursuant to Article 3 and Articles 7 to 12 of Regulation (EU) 2018/1999. Member States shall use the reporting
template provided to the Member States by the Commission.

20.9.2023 EN Official Journal of the European Union L 231/43


12. Where on the basis of the assessment of the integrated national energy and climate progress reports pursuant to
Article 29 of Regulation (EU) 2018/1999, or of the draft or final update of the latest notified integrated national energy
and climate plan submitted pursuant to Article 14 of Regulation (EU) 2018/1999, or of the assessment of the subsequent
draft and final integrated national energy and climate plans notified pursuant to Article 3 and Articles 7 to 12 of
Regulation (EU) 2018/1999, the Commission concludes that policy measures do not ensure the achievement of the
required amount of cumulative end-use energy savings by the end of the obligation period, the Commission may issue
recommendations in accordance with Article 34 of Regulation (EU) 2018/1999 to the Member States whose policy
measures it deems to be insufficient to ensure the fulfilment of their energy savings obligations.
13. Where a Member State has not achieved the required cumulative end-use energy savings by the end of each
obligation period set out in paragraph 1, it shall achieve the outstanding energy savings in addition to the cumulative end-
use energy savings required by the end of the following obligation period.

```
Alternatively, where a Member State has achieved cumulative end-use energy savings above the required level by the end of
each obligation period set out in paragraph 1, it shall be entitled to carry the eligible amount of no more than 10 % of such
surplus into the following obligation period without the target commitment being increased.
```
14. As part of their updates of national energy and climate plans submitted pursuant to Article 14(2) of Regulation
(EU) 2018/1999, their relevant national energy and climate progress reports submitted pursuant to Article 17 of that
Regulation, and their subsequent integrated national energy and climate plans notified pursuant to Article 3 and Articles 7
to 12 of that Regulation, Member States shall demonstrate including, where appropriate, with evidence and calculations:

```
(a) that where there is an overlap in the impact of policy measures or individual actions, there is no double counting of
energy savings;
```
```
(b) how energy savings achieved pursuant to paragraph 1, first subparagraph, point (b), of this Article, contribute to the
achievement of their national contribution pursuant to Article 4;
```
```
(c) that policy measures are established for fulfilling their energy savings obligation, designed in compliance with this
Article and that those policy measures are eligible and appropriate to ensure the achievement of the required amount
of cumulative end-use energy savings by the end of each obligation period.
```
```
Article 9
```
```
Energy efficiency obligation schemes
```
1. Where Member States decide to fulfil their obligations to achieve the amount of savings required under Article 8(1) by
way of an energy efficiency obligation scheme, they shall ensure that the obligated parties referred to in paragraph 3 of this
Article operating in each Member State’s territory achieve, without prejudice to Article 8(8) and (9), their cumulative end-
use energy savings requirement as set out in Article 8(1).

```
Where applicable, Member States may decide that obligated parties fulfil those savings, in whole or in part, as a
contribution to the national energy efficiency fund in accordance with Article 30(14).
```
2. Where Member States decide to fulfil their obligations to achieve the amount of savings required under Article 8(1) by
way of an energy efficiency obligation scheme, they may appoint an implementing public authority to administer the
scheme.

L 231/44 EN Official Journal of the European Union 20.9.2023


3. Member States shall designate, on the basis of objective and non-discriminatory criteria, obligated parties among
transmission system operators, distribution system operators, energy distributors, retail energy sales companies and
transport fuel distributors or transport fuel retailers operating in their territory. The amount of energy savings needed to
fulfil the obligation shall be achieved by the obligated parties among final customers, designated by the Member State,
independently of the calculation made pursuant to Article 8(1) or, if Member States so decide, through certified savings
stemming from other parties as set out in paragraph 11, point (a), of this Article.
4. Where retail energy sales companies are designated as obligated parties under paragraph 3, Member States shall
ensure that, in fulfilling their obligation, retail energy sales companies do not create any barriers that impede consumers
from switching from one supplier to another.
5. Member States may require obligated parties to achieve a share of their energy savings obligation among people
affected by energy poverty, vulnerable customers, people in low-income households and, where applicable, people living in
social housing. Member States may also require obligated parties to achieve energy cost reduction targets, provided that
they result in end use energy savings and are calculated in accordance with Annex V, and to achieve energy savings by
promoting energy efficiency improvement measures, including financial support measures mitigating carbon price effects
on SMEs and microenterprises.
6. Member States may require obligated parties to work with social services, regional authorities, local authorities or
municipalities to promote energy efficiency improvement measures among people affected by energy poverty, vulnerable
customers, people in low-income households and, where applicable, people living in social housing. This includes
identifying and addressing the specific needs of particular groups at risk of energy poverty or more susceptible to its
effects. To protect people affected by energy poverty, vulnerable customers and, where applicable, people living in social
housing, Member States shall encourage obligated parties to carry out actions such as renovation of buildings, including
social housing, replacement of appliances, financial support and incentives for energy efficiency improvement measures in
accordance with national financing and support schemes, or energy audits. Member States shall ensure the eligibility of
measures for individual units located in multi-apartment buildings.
7. When applying paragraphs 5 and 6, Member States shall require obligated parties to report on an annual basis on the
energy savings achieved by the obligated parties from actions promoted among people affected by energy poverty,
vulnerable customers, people in low-income households and, where applicable, people living in social housing, and shall
require aggregated statistical information on their final customers, identifying changes in energy savings when compared
to previously submitted information, and regarding technical and financial support provided.
8. Member States shall express the amount of energy savings required of each obligated party in terms of either primary
energy consumption or final energy consumption. The method chosen to express the amount of energy savings required
shall also be used to calculate the savings claimed by obligated parties. When converting the amount of energy savings, the
net calorific values set out in Annex VI of Commission Implementing Regulation (EU) 2018/2066(^41 ) and the primary
energy factor pursuant to Article 31 shall apply unless the use of other conversion factors can be justified.
9. Member States shall establish measurement, control and verification systems for carrying out documented
verification on at least a statistically significant proportion and representative sample of the energy efficiency
improvement measures put in place by the obligated parties. The measurement, control and verification shall be carried
out independently of the obligated parties. Where an entity is an obligated party under a national energy efficiency
obligation scheme under Article 9 and under the EU ETS for buildings and road transport in accordance with
Directive 2003/87/EC, the monitoring and verification system shall ensure that the carbon price passed through when
releasing fuel for consumption in accordance with Directive 2003/87/EC shall be taken into account in the calculation and
reporting of energy savings of the entity’s energy saving measures.

```
(^41 ) Commission Implementing Regulation (EU) 2018/2066 of 19 December 2018 on the monitoring and reporting of greenhouse gas
emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council and amending Commission Regulation
(EU) No 601/2012 (OJ L 334, 31.12.2018, p. 1).
```
20.9.2023 EN Official Journal of the European Union L 231/45


10. Member States shall inform the Commission, as part of the integrated national energy and climate progress reports
submitted pursuant to Article 17 of Regulation (EU) 2018/1999, on the measurement, control and verification systems put
in place, including the methods used, the issues identified and how those issues were addressed.
11. Within the energy efficiency obligation scheme, Member States may authorise obligated parties to carry out the
following:

```
(a) count towards their obligation certified energy savings achieved by energy service providers or other third parties,
including when obligated parties promote measures through other State-approved bodies or through public
authorities that may involve formal partnerships and may be in combination with other sources of finance;
```
```
(b) count savings obtained in a given year as if they had instead been obtained in any of the four previous or three
following years as long as this is not beyond the end of the obligation periods set out in Article 8(1).
```
```
Where Member States so authorise, they shall ensure that the certification of energy savings referred to in point (a) of the
first subparagraph follows an approval process that is put in place in the Member States, that is clear, transparent, and
open to all market participants, and that aims to minimise the costs of certification.
```
```
Member States shall assess and, if appropriate, take measures to minimise the impact of the direct and indirect costs of
energy efficiency obligation schemes on the competitiveness of energy-intensive industries exposed to international
competition.
```
12. Member States shall, on an annual basis, publish the energy savings achieved by each obligated party, or each sub-
category of obligated party, and in total under the scheme.

```
Article 10
```
```
Alternative policy measures
```
1. Where Member States decide to fulfil their obligations to achieve the savings required under Article 8(1) by way of
alternative policy measures, they shall ensure, without prejudice to Article 8(8) and (9), that the energy savings required
under Article 8(1) are achieved among final customers.
2. For all measures other than those relating to taxation, Member States shall put in place measurement, control and
verification systems under which documented verification is carried out on at least a statistically significant proportion
and representative sample of the energy efficiency improvement measures put in place by the participating or entrusted
parties. The measurement, control and verification shall be carried out independently of the participating or entrusted
parties.
3. Member States shall inform the Commission, as part of the integrated national energy and climate progress reports
submitted pursuant to Article 17 of Regulation (EU) 2018/1999, on the measurement, control and verification systems
put in place, including methods used, issues identified and how they were addressed.
4. When reporting a taxation measure, Member States shall demonstrate how the effectiveness of the price signal, such
as tax rate and visibility over time, has been ensured in the design of the taxation measure. Where there is a decrease in the
tax rate, Member States shall justify how the taxation measures still result in new energy savings.

```
Article 11
```
```
Energy management systems and energy audits
```
1. Member States shall ensure that enterprises with an average annual consumption higher than 85 TJ of energy over the
previous three years, taking all energy carriers together, implement an energy management system. The energy
management system shall be certified by an independent body, in accordance with the relevant European or international
standards.

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```
Member States shall ensure that the enterprises referred to in the first subparagraph have an energy management system in
place at the latest by 11 October 2027.
```
2. Member States shall ensure that enterprises with an average annual consumption higher than 10 TJ of energy over the
previous three years, taking all energy carriers together, which do not implement an energy management system are subject
to an energy audit.

```
Such energy audits shall be either:
```
```
(a) carried out in an independent and cost-effective manner by qualified or accredited experts, in accordance with
Article 28; or
```
```
(b) implemented and supervised by independent authorities under national legislation.
```
```
Member States shall ensure that the enterprises referred to in the first subparagraph carry out a first energy audit
by 11 October 2026and that subsequent energy audits are carried out at least every four years. Where such enterprises
already carry out energy audits in accordance with the first subparagraph, they shall continue to do so at least every four
years in accordance with this Directive.
```
```
The enterprises concerned shall draw up a concrete and feasible Action Plan on the basis of the recommendations arising
from those energy audits. The Action Plan shall identify measures to implement each audit recommendation, where it is
technically or economically feasible. The Action Plan shall be submitted to the management of the enterprise.
```
```
Member States shall ensure that the Action Plans and the recommendation implementation rate are published in the
enterprise’s annual report, and that they are made publicly available, subject to Union and national law protecting trade
and business secrets and confidentiality.
```
3. Where, in any given year, an enterprise as referred to in paragraph 1 has an annual consumption of more than 85 TJ
and where an enterprise as referred to in paragraph 2 has an annual consumption of more than 10 TJ, Member States shall
ensure that that information is made available to the national authorities responsible for implementation of this Article. For
that purpose, Member States may promote the use of a new or an existing platform to facilitate the collection of the
required data at national level.
4. Member States may encourage the enterprises referred to in paragraphs 1 and 2 to provide information in their
annual report about their annual energy consumption in kWh, their annual volume of water consumption in cubic metres
and a comparison of their energy and water consumption with previous years.
5. Member States shall promote the availability to all final customers of high quality energy audits which are cost-
effective and are:

```
(a) carried out in an independent manner by qualified or accredited experts in accordance with qualification criteria; or
```
```
(b) implemented and supervised by independent authorities under national legislation.
```
```
The energy audits referred to in the first subparagraph may be carried out by in-house experts or energy auditors, provided
that the Member State concerned has put in place a scheme to ensure their quality, including, if appropriate, an annual
random selection of at least a statistically significant percentage of all the energy audits carried out by such in-house
experts or energy auditors.
```
```
For the purpose of ensuring the high quality of the energy audits and energy management systems, Member States shall
establish transparent and non-discriminatory minimum criteria for energy audits in accordance with Annex VI and taking
into consideration relevant European or international standards. Member States shall designate a competent authority or
body to ensure that the timelines for conducting energy audits set out in paragraph 2 of this Article are complied with and
the minimum criteria set out in Annex VI are correctly applied.
```
20.9.2023 EN Official Journal of the European Union L 231/47


```
Energy audits shall not include clauses preventing the findings of the audit from being transferred to any qualified or
accredited energy service provider, provided that the customer does not object.
```
6. Member States shall develop programmes with the aim of encouraging and providing technical support to SMEs that
are not subject to paragraph 1 or 2 to undergo energy audits and to subsequently implement the recommendations arising
from those audits.

```
On the basis of transparent and non-discriminatory criteria and without prejudice to Union State aid law, Member States
may set up mechanisms, such as energy audit centres for SMEs and microenterprises, provided that such mechanisms do
not compete with private auditors, to provide energy audits. They may also provide other support schemes for SMEs,
including where such SMEs have concluded voluntary agreements, to cover the costs of energy audits and of the
implementation of highly cost-effective recommendations arising from the energy audits, if the measures proposed in
those recommendations are implemented.
```
7. Member States shall ensure that the programmes referred to in paragraph 6 include support to SMEs in quantifying
the multiple benefits of energy efficiency measures within their operation, in the development of energy efficiency
roadmaps and in the development of energy efficiency networks for SMEs, facilitated by independent experts.

```
Member States shall bring to the attention of SMEs, including through their respective representative intermediary
organisations, concrete examples of how energy management systems could help their businesses. The Commission shall
assist Member States by supporting the exchange of best practices in this domain.
```
8. Member States shall develop programmes to encourage enterprises that are not SMEs and that are not subject to
paragraph 1 or 2 to undergo energy audits and to subsequently implement the recommendations arising from those audits.
9. Energy audits shall be considered to comply with paragraph 2 where they are:

```
(a) carried out in an independent manner, on the basis of the minimum criteria set out in Annex VI;
```
```
(b) implemented under voluntary agreements concluded between organisations of stakeholders and a body appointed and
supervised by the Member State concerned, by another body to which the competent authorities have delegated the
responsibility concerned or by the Commission.
```
```
Access of market participants offering energy services shall be based on transparent and non-discriminatory criteria.
```
10. Enterprises that implement an energy performance contract shall be exempt from the requirements laid down in
paragraphs 1 and 2 of this Article, provided that the energy performance contract covers the necessary elements of the
energy management system and that the contract complies with the requirements set out in Annex XV.
11. Enterprises that implement an environmental management system, certified by an independent body in accordance
with the relevant European or international standards, shall be exempt from the requirements laid down in paragraphs 1
and 2 of this Article, provided that the environmental management system concerned includes an energy audit on the
basis of the minimum criteria set out in Annex VI.
12. Energy audits may stand alone or be part of a broader environmental audit. Member States may require an
assessment of the technical and economic feasibility of connection to an existing or planned district heating or cooling
network to be part of the energy audit.

L 231/48 EN Official Journal of the European Union 20.9.2023


```
Without prejudice to Union State aid law, Member States may implement incentives and support schemes for the
implementation of recommendations arising from energy audits and similar measures.
```
```
Article 12
```
```
Data centres
```
1. By 15 May 2024and every year thereafter, Member States shall require owners and operators of data centres in their
territory with a power demand of the installed information technology (IT) of at least 500kW, to make the information set
out in Annex VII publicly available, except for information subject to Union and national law protecting trade and business
secrets and confidentiality.
2. Paragraph 1 shall not apply to data centres used for, or providing their services exclusively with the final aim of,
defence and civil protection.
3. The Commission shall establish a European database on data centres that includes information communicated by the
obligated data centres in accordance with paragraph 1. The European database shall be publicly available on an aggregated
level.
4. Member States shall encourage owners and operators of data centres in their territory with a power demand of the
installed IT equal to or greater than 1 MW to take into account the best practices referred to in the most recent version of
the European Code of Conduct on Data Centre Energy Efficiency.
5. By 15 May 2025, the Commission shall assess the available data on the energy efficiency of data centres submitted to
it pursuant to paragraphs 1 and 3 and shall submit a report to the European Parliament and to the Council, accompanied,
where appropriate, by legislative proposals containing further measures to improve energy efficiency, including
establishing minimum performance standards and an assessment on the feasibility of transition towards a net-zero
emission data centres sector, in close consultation with the relevant stakeholders. Such proposals may establish a
timeframe within which existing data centres are to be required to meet minimum performance.

```
Article 13
```
```
Metering for natural gas
```
1. Member States shall ensure that, in so far as technically possible, financially reasonable, and proportionate to the
potential energy savings, natural gas final customers are provided with competitively priced individual meters that
accurately reflect the final customer’s actual energy consumption and that provide information on actual time of use.

```
Such a competitively priced individual meter shall always be provided when:
```
```
(a) an existing meter is replaced, unless this is technically impossible or not cost-effective in relation to the estimated
potential savings in the long term;
```
```
(b) a new connection is made in a new building or a building undergoes major renovations within the meaning of
Directive 2010/31/EU.
```
2. Where, and to the extent that, Member States implement smart metering systems and roll out smart meters for
natural gas in accordance with Directive 2009/73/EC:

```
(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 the
minimum functionalities of the meters and the obligations imposed on market participants;
```
20.9.2023 EN Official Journal of the European Union L 231/49


```
(b) they shall ensure the security of the smart meters and data communication, and the privacy of final customers, in
compliance with relevant Union data protection and privacy law;
```
```
(c) they shall require that appropriate advice and information be given to customers at the time of installation of smart
meters, in particular about their full potential with regard to meter reading management and the monitoring of energy
consumption.
```
```
Article 14
```
```
Metering for heating, cooling and domestic hot water
```
1. Member States shall ensure that, for district heating, district cooling and domestic hot water, final customers are
provided with competitively priced meters that accurately reflect their actual energy consumption.
2. Where heating, cooling or domestic hot water is supplied to a building from a central source that services multiple
buildings or from a district heating or district cooling system, a meter shall be installed at the heat exchanger or point of
delivery.

```
Article 15
```
```
Sub-metering and cost allocation for heating, cooling and domestic hot water
```
1. In multi-apartment and multi-purpose buildings with a central heating or central cooling source or supplied from a
district heating or district cooling system, individual meters shall be installed to measure the consumption of heating,
cooling or domestic hot water for each building unit, where technically feasible and cost effective in terms of being
proportionate in relation to the potential energy savings.

```
Where the use of individual meters is not technically feasible or where it is not cost-efficient to measure heat consumption
in each building unit, individual heat cost allocators shall be used to measure heat consumption at each radiator unless it is
shown by the Member State in question that the installation of such heat cost allocators would not be cost-efficient. In those
cases, alternative cost-efficient methods of heat consumption measurement may be considered. The general criteria,
methodologies and procedures to determine technical non-feasibility and non-cost effectiveness shall be clearly set out and
published by each Member State.
```
2. In new multi-apartment buildings and in residential parts of new multi-purpose buildings that are equipped with a
central heating source for domestic hot water or are supplied from district heating systems, individual meters shall,
notwithstanding paragraph 1, first subparagraph, be provided for domestic hot water.
3. Where multi-apartment or multi-purpose buildings are supplied from district heating or district cooling, or where
own common heating or cooling systems for such buildings are prevalent, Member States shall ensure that they have in
place transparent, publicly available national rules on the allocation of the cost of heating, cooling and domestic hot water
consumption in such buildings to ensure transparency and accuracy of accounting for individual consumption. Where
appropriate, such rules shall include guidelines on the manner in which to allocate cost for energy that is used for:

```
(a) domestic hot water;
```
```
(b) heat radiated from the building installation and for the purpose of heating the common areas, where staircases and
corridors are equipped with radiators;
```
```
(c) heating or cooling apartments.
```
L 231/50 EN Official Journal of the European Union 20.9.2023


```
Article 16
```
```
Remote reading requirement
```
1. For the purposes of Articles 14 and 15, newly installed meters and heat cost allocators shall be remotely readable
devices. The conditions of technical feasibility and cost effectiveness set out in Article 15(1) shall apply.
2. Meters and heat cost allocators which are not remotely readable but which have already been installed shall be
rendered remotely readable or replaced with remotely readable devices by 1 January 2027, save where the Member State in
question shows that this is not cost-efficient.

```
Article 17
```
```
Billing information for natural gas
```
1. Where final customers do not have smart meters for natural gas as referred to in Directive 2009/73/EC, Member
States shall ensure that billing information for natural gas is reliable, accurate and based on actual consumption, in
accordance with Annex VIII, point 1.1, where that is technically possible and economically justified.

```
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 the final customer has not provided a meter reading for a
given billing interval shall billing be based on estimated consumption or a flat rate.
```
2. Meters installed in accordance with Directive 2009/73/EC shall enable the provision of accurate billing information
based on actual consumption. Member States shall ensure that final customers have the possibility of easy access to
complementary information on historical consumption allowing detailed self-checks.

```
Complementary information on historical consumption shall include:
```
```
(a) cumulative data for at least the three previous years or the period since the start of the supply contract if this is shorter;
```
```
(b) detailed data according to the time of use for any day, week, month and year.
```
```
The data referred to in point (a) of the second subparagraph shall correspond to the intervals for which frequent billing
information has been produced.
```
```
The data referred to in point (b) of the second subparagraph shall be made available to the final customer via the internet or
the meter interface for the period of at least the previous 24 months or the period since the start of the supply contract if
this is shorter.
```
3. Independently of whether smart meters have been installed, Member States:

```
(a) shall require that, to the extent that information on the energy billing and historical consumption of final customers is
available, it be made available, at the request of the final customer, to an energy service provider designated by the final
customer;
```
```
(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 their bill was derived, especially where bills are not based on
actual consumption;
```
```
(c) shall ensure that appropriate information is made available with the bill to provide final customers with a
comprehensive account of current energy costs, in accordance with Annex VIII;
```
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```
(d) may lay down that, at the request of the final customer, the information contained in those bills shall not be considered
to constitute a request for payment. In such cases, Member States shall ensure that suppliers of energy sources offer
flexible arrangements for actual payments;
```
```
(e) shall require that information and estimates for energy costs 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.
```
```
Article 18
```
```
Billing and consumption information for heating, cooling and domestic hot water
```
1. Where meters or heat cost allocators are installed, Member States shall ensure that billing and consumption
information is reliable, accurate and based on actual consumption or heat cost allocator readings, in accordance with
Annex IX, points 1 and 2 for all final users.

```
That obligation may, where a Member State so provides, save in the case of sub-metered consumption based on heat cost
allocators under Article 15, be fulfilled by a system of regular self-reading by the final customer or final user whereby they
communicate readings from their meter. Only where the final customer or final user has not provided a meter reading for a
given billing interval shall billing be based on estimated consumption or a flat rate.
```
2. Member States shall:

```
(a) require that, if information on the energy billing and historical consumption or heat cost allocator readings of final
users is available, it be made available upon request from the final user, to an energy service provider designated by the
final user;
```
```
(b) ensure that final customers are offered the option of electronic billing information and bills;
```
```
(c) ensure that clear and comprehensible information is provided with the bill to all final users in accordance with Annex
IX, point 3;
```
```
(d) promote cybersecurity and ensure the privacy and data protection of final users in accordance with applicable Union
law.
```
```
Member States may provide that, at the request of the final customer, the provision of billing information shall not be
considered to constitute a request for payment. In such cases, Member States shall ensure that flexible arrangements for
actual payment are offered.
```
3. Member States shall decide who is to be responsible for providing the information referred to in paragraphs 1 and 2
to final users without a direct or individual contract with an energy supplier.

```
Article 19
```
```
Cost of access to metering and billing information for natural gas
```
```
Member States shall ensure that final customers receive all their bills and billing information for energy consumption free of
charge and that final customers have access to their consumption data in an appropriate manner and free of charge.
```
```
Article 20
```
```
Cost of access to metering and billing and consumption information for heating, cooling and domestic hot water
```
1. Member States shall ensure that final users receive all their bills and billing information for energy consumption free
of charge and that final users have access to their consumption data in an appropriate manner and free of charge.

L 231/52 EN Official Journal of the European Union 20.9.2023


2. Notwithstanding paragraph 1 of this Article, the distribution of costs of billing information for the individual
consumption of heating, cooling and domestic hot water in multi-apartment and multi-purpose buildings pursuant to
Article 15 shall be carried out on a non-profit basis. Costs resulting from the assignment of that task to a third 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 onto the final users to the extent that such costs are reasonable.
3. In order to ensure reasonable costs for sub-metering services as referred to in paragraph 2, Member States may
stimulate competition in that service sector by taking appropriate measures such as recommending or otherwise
promoting the use of tendering or the use of interoperable devices and systems facilitating switching between service
providers.

```
CHAPTER IV
```
```
CONSUMER INFORMATION AND EMPOWERMENT
```
```
Article 21
```
```
Basic contractual rights for heating, cooling and domestic hot water
```
1. Without prejudice to Union rules on consumer protection, in particular Directive 2011/83/EU of the European
Parliament and of the Council(^42 ) and Council Directive 93/13/EEC(^43 ), Member States shall ensure that final customers
and, where explicitly referred to, final users, are granted the rights provided for in paragraphs 2 to 9 of this Article.
2. Final customers shall have the right to a contract with their supplier that specifies:

```
(a) the identity, address and contact details of the supplier;
```
```
(b) the services provided and the service quality levels included;
```
```
(c) the types of maintenance service included in the contract without additional charges;
```
```
(d) the means by which up-to-date information on all applicable tariffs, maintenance charges and bundled products or
services may be obtained;
```
```
(e) the duration of the contract, the conditions for renewal and termination of the contract and services, including
products or services that are bundled with those services, and whether terminating the contract without charge is
permitted;
```
```
(f) any compensation and the refund arrangements which apply if contracted service quality levels are not met, including
inaccurate or delayed billing;
```
```
(g) the method of initiating an out-of-court dispute-settlement procedure in accordance with Article 22;
```
```
(h) information relating to consumer rights, including information on complaint handling and all of the information
referred to in this paragraph, which is clearly communicated in the bill or on the enterprise’s website and includes the
contact details or link to the website of the single points of contact referred to in Article 22(3), point (e);
```
```
(^42 ) Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council
Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council
Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64).
(^43 ) Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29).
```
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```
(i) the contact details enabling the customer to identify relevant one-stop shops as referred to in Article 22(3), point (a).
```
```
Suppliers’ conditions shall be fair and shall be provided to final customers in advance. The information referred to in this
paragraph shall be provided before the conclusion or confirmation of the contract. Where contracts are concluded
through intermediaries, that information shall also be provided before the conclusion of the contract.
```
```
Final customers and final users shall be provided with a summary of the key contractual conditions, including prices and
tariffs, in a comprehensible manner and in concise and simple language.
```
```
Final customers shall be provided with a copy of the contract and clear information, in a transparent manner, on applicable
prices and tariffs and on standard terms and conditions in respect of access to and use of heating, cooling and domestic hot
water services.
```
```
Member States shall decide who is to be responsible for providing the information referred to in this paragraph to final
users without a direct or individual contract with a supplier, upon request, in an appropriate manner and free of charge.
```
3. Final customers shall be given adequate notice of any intention to modify contractual conditions. Suppliers shall
notify their final customers, in a transparent and comprehensible manner, directly of any adjustment in the supply price
and of the reasons and preconditions for the adjustment and its scope, at an appropriate time no later than two weeks, or
no later than one month in the case of household customers, before the adjustment comes into effect. Final customers
shall inform final users of the new conditions without delay.
4. Suppliers shall offer final customers a wide choice of payment methods. Such payment methods shall not unduly
discriminate between customers. Any difference in charges related to payment methods or prepayment systems shall be
objective, non-discriminatory and proportionate and shall not exceed the direct costs borne by the payee for the use of a
specific payment method or a prepayment system, in accordance with Article 62 of Directive (EU) 2015/2366 of the
European Parliament and of the Council(^44 ).
5. Pursuant to paragraph 4, household customers who have access to prepayment systems shall not be placed at a
disadvantage by the prepayment systems.
6. Final customers and, where applicable, final users shall be offered fair and transparent general terms and conditions,
which shall be provided in plain and unambiguous language and shall not include non-contractual barriers to the exercise
of customers’ rights, such as excessive contractual documentation. Final users shall be provided access to those general
terms and conditions upon request. Final customers and final users shall be protected against unfair or misleading selling
methods. Final customers with disabilities shall be provided all relevant information on their contract with their supplier in
accessible formats.
7. Final customers and final users shall have the right to a good standard of service and complaint-handling by their
suppliers. Suppliers shall handle complaints in a simple, fair and prompt manner.
8. Competent authorities shall ensure that the consumer protection measures laid down in this Directive are enforced.
The competent authorities shall act independently from any market interests.
9. In the case of planned disconnection, the final customers concerned shall be provided with adequate information on
alternative measures sufficiently in advance, no later than one month before the planned disconnection and at no extra
cost.

```
(^44 ) Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal
market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing
Directive 2007/64/EC (OJ L 337, 23.12.2015, p. 35).
```
L 231/54 EN Official Journal of the European Union 20.9.2023


```
Article 22
```
```
Information and awareness raising
```
1. Member States, in cooperation with regional and local authorities, where applicable, shall ensure that information on
available energy efficiency improvement measures, individual actions and financial and legal frameworks is transparent,
accessible and widely disseminated to all relevant market actors, such as final customers, final users, consumer
organisations, civil society representatives, renewable energy communities, citizen energy communities, local and regional
authorities, energy agencies, social service providers, builders, architects, engineers, environmental and energy auditors,
and installers of building elements as defined in Article 2, point (9), of Directive 2010/31/EU.
2. Member States shall take appropriate measures to promote and facilitate an efficient use of energy by final customers
and final users. Those measures shall be part of a national strategy, such as the integrated national energy and climate plans
provided for in Regulation (EU) 2018/1999, or the long-term renovation strategy established pursuant to Article 2a of
Directive 2010/31/EU.

```
For the purposes of this Article, those measures shall include a range of instruments and policies to promote behavioural
change such as:
```
```
(a) fiscal incentives;
```
```
(b) access to finance, vouchers, grants or subsidies;
```
```
(c) publicly supported energy consumption assessments and targeted advisory services and support for household
consumers, in particular people affected by energy poverty, vulnerable customers and, where applicable, people living
in social housing;
```
```
(d) targeted advisory services for SMEs and microenterprises;
```
```
(e) information provision in accessible form to people with disabilities;
```
```
(f) exemplary projects;
```
```
(g) workplace activities;
```
```
(h) training activities;
```
```
(i) digital tools;
```
```
(j) engagement strategies.
```
3. For the purposes of this Article, the measures referred to in paragraph 2 shall include the creation of a supportive
framework for market actors such as those referred to in paragraph 1, in particular for:

```
(a) the creation of one-stop shops or similar mechanisms for the provision of technical, administrative and financial advice
and assistance on energy efficiency, such as energy checks for households, energy renovations of buildings, information
on the replacement of old and inefficient heating systems with modern and more efficient appliances and the take-up of
renewable energy and energy storage for buildings to final customers and final users, especially household and small
non-household ones, including SMEs and microenterprises;
```
```
(b) cooperation with private actors that provide services such as energy audits and energy consumption assessments,
financing solutions and execution of energy renovations;
```
```
(c) the communication of cost-effective and easy-to-achieve changes in energy use;
```
```
(d) the dissemination of information on energy efficiency measures and financing instruments;
```
20.9.2023 EN Official Journal of the European Union L 231/55


```
(e) the provision of single points of contact, to provide final customers and final users with all necessary information
concerning their rights, the applicable law and the dispute-settlement mechanisms available to them in the event of a
dispute. Such single points of contact may be part of general consumer information points.
```
4. For the purpose of this Article, Member States shall in cooperation with competent authorities, and, where
appropriate, private stakeholders establish dedicated one-stop shops or similar mechanisms for the provision of technical,
administrative and financial advice for energy efficiency. Those facilities shall:

```
(a) advise with streamlined information on technical and financial possibilities and solutions to households, SMEs,
microenterprises, public bodies;
```
```
(b) provide holistic support to all households, with a particular focus on households affected by energy poverty and on
worst performing buildings, as well as to accredited companies and installers providing retrofit services, adapted to
different housing typologies and geographical scope, and provide support covering the different stages of the retrofit
project, including to facilitate the implementation of a minimum energy performance standard where such standard is
provided for in a Union legislative act;
```
```
(c) advise on energy consumption behaviour.
```
5. Dedicated one-stop shop facilities as referred to in paragraph 4 shall, where appropriate:

```
(a) provide information about qualified energy efficiency professionals;
```
```
(b) collect typology-aggregated data from energy efficiency projects, share experiences and make them publicly available;
```
```
(c) connect potential projects with market players, in particular smaller-scale, local projects.
```
```
For the purposes of the first subparagraph, point (b), the Commission shall assist Member States in order to facilitate the
sharing of, and enhance cross-border cooperation with regard to, best practices.
```
6. The one-stop shops referred to in paragraph 4 shall offer dedicated services for people affected by energy poverty,
vulnerable customers and people in low-income households.

```
The Commission shall provide Member States with guidelines to develop those one-stop shops with the aim of creating a
harmonised approach throughout the Union. The guidelines shall encourage cooperation among public bodies, energy
agencies and community-led initiatives.
```
7. Member States shall establish appropriate conditions for market actors to provide adequate and targeted information
and advice on energy efficiency to final customers, including people affected by energy poverty, vulnerable customers and,
where applicable, people living in social housing, SMEs and microenterprises.
8. Member States shall ensure that final customers, final users, people affected by energy poverty, vulnerable customers
and, where applicable, people living in social housing have access to simple, fair, transparent, independent, effective and
efficient out-of-court mechanisms for the settlement of disputes concerning rights and obligations provided for in this
Directive, through an independent mechanism such as an energy ombudsperson or a consumer body, or through a
regulatory authority. Where the final customer is a consumer as defined in Article 4(1), point (a), of Directive 2013/11/EU
of the European Parliament and of the Council(^45 ), such out-of-court dispute settlement mechanisms shall comply with the
requirements set out therein. Out-of-court dispute settlement mechanisms already existing in Member States may be used
for that purpose, provided they are equally effective.

```
(^45 ) Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer
disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR) (OJ L 165,
18.6.2013, p. 63).
```
L 231/56 EN Official Journal of the European Union 20.9.2023


```
Where necessary, Member States shall ensure that alternative dispute resolution entities cooperate to provide simple, fair,
transparent, independent, effective and efficient out-of-court dispute settlement mechanisms for any dispute that arises
from products or services that are tied to, or bundled with, any product or service falling under the scope of this Directive.
```
```
The participation of enterprises in out-of-court dispute settlement mechanisms for household customers shall be
mandatory unless the Member State demonstrates to the Commission that other mechanisms are equally effective.
```
9. Without prejudice to the basic principles of their laws on property and tenancy, Member States shall take the
necessary measures to remove regulatory and non-regulatory barriers to energy efficiency as regards split incentives
between owners and tenants, or among owners of a building or building unit, with a view to ensuring that those parties
are not deterred from making efficiency-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 and benefits between them.

```
Measures to remove such barriers may include providing incentives, repealing or amending legal or regulatory provisions,
adopting guidelines and interpretative communications, simplifying administrative procedures, including national rules
and measures regulating decision-making processes in multi-owner properties, and the possibility to turn to third-party
financing solutions. The measures may be combined with the provision of education, training and specific information
and technical assistance on energy efficiency to market actors such as those referred to in paragraph 1.
```
```
Member States shall take appropriate measures to support a multilateral dialogue among relevant partners, such as local
and regional authorities, the social partners, owners’ and tenants’ organisations, consumer organisations, energy
distributors or retail energy sales companies, ESCOs, renewable energy communities, citizen energy communities, public
authorities and agencies, with the aim of setting out proposals on jointly accepted measures, incentives and guidelines
pertinent to split incentives between owners and tenants or among owners of a building or building unit.
```
```
Each Member State shall report such barriers and the measures taken in its long-term renovation strategy established
pursuant to Article 2a of Directive 2010/31/EU and to Regulation (EU) 2018/1999.
```
10. The Commission shall encourage the exchange and wide dissemination of information on good energy efficiency
practices and methodologies and provide technical assistance to mitigate split incentives in Member States.

```
Article 23
```
```
Partnerships for energy efficiency
```
1. By 11 October 2024, the Commission shall assess whether energy efficiency is covered by existing partnerships. If the
assessment shows that energy efficiency is not sufficiently covered by existing partnerships, the Commission shall establish
sector-specific energy efficiency partnerships at Union level, with sub-partnerships per missing sector, by bringing together
key stakeholders, including the social partners, in sectors such as ICT, transport, finance and building, in an inclusive and
representative manner.

```
If a partnership is established, the Commission shall appoint, where appropriate, a chair for each Union sector-specific
energy efficiency partnership.
```
2. The partnerships referred to in paragraph 1 shall aim to facilitate climate and energy transition dialogues between the
relevant actors and encourage sectors to draw up energy efficiency roadmaps in order to map available measures and
technological options to achieve energy savings, prepare for renewable energy and decarbonise the sectors.

20.9.2023 EN Official Journal of the European Union L 231/57


```
Such roadmaps would make a valuable contribution in assisting sectors in planning the necessary investments needed to
reach the objectives of this Directive and of Regulation (EU) 2021/1119 as well as facilitate cross-border cooperation
between actors to strengthen the internal market.
```
```
Article 24
```
```
Empowering and protecting vulnerable customers and alleviating energy poverty
```
1. Without prejudice to their national economic and social policies, and to their obligations under Union law, Member
States shall take appropriate measures to empower and protect people affected by energy poverty, vulnerable customers,
people in low-income households and, where applicable, people living in social housing.

```
In defining the concept of vulnerable customers pursuant to Article 3(3) of Directive 2009/73/EC and Article 28(1) of
Directive (EU) 2019/944, Member States shall take into account final users.
```
2. Without prejudice to their national economic and social policies, and to their obligations under Union law, Member
States shall implement energy efficiency improvement measures and related consumer protection or information
measures, in particular those set out in Article 8(3) and Article 22 of this Directive, as a priority among people affected by
energy poverty, vulnerable customers, people in low-income households and, where applicable, people living in social
housing to alleviate energy poverty. Monitoring and reporting of those measures shall be undertaken in the framework of
the existing reporting requirements set out in Article 24 of Regulation (EU) 2018/1999.
3. To support people affected by energy poverty, vulnerable customers, people in low-income households and, where
applicable, people living in social housing, Member States shall, where applicable:

```
(a) implement energy efficiency improvement measures to mitigate distributional effects from other policies and measures,
such as taxation measures implemented in accordance with Article 10 of this Directive, or the application of emissions
trading in the buildings and transport sector in accordance with Directive 2003/87/EC;
```
```
(b) make the best possible use of public funding available at Union and national level, including, where applicable, the
financial contribution that Member States receive from the Social Climate Fund pursuant to Articles 9 and 14 of
Regulation (EU) 2023/955, and revenues from allowance auctions from emissions trading pursuant to the EU ETS in
accordance with Directive 2003/87/EC, for investments into energy efficiency improvement measures as priority
actions;
```
```
(c) carry out early, forward-looking investments in energy efficiency improvement measures before distributional impacts
from other policies and measures show their effect;
```
```
(d) foster technical assistance and the roll-out of enabling funding and financial tools, such as on-bill schemes, local loan-
loss reserve, guarantee funds, funds targeting deep renovations and renovations with minimum energy gains;
```
```
(e) foster technical assistance for social actors to promote vulnerable customer’s active engagement in the energy market,
and positive changes in their energy consumption behaviour;
```
```
(f) ensure access to finance, grants or subsidies bound to minimum energy gains and thus facilitate access to affordable
bank loans or dedicated credit lines.
```
4. Member States shall establish a network of experts from various sectors such as the health, building and social sectors,
or entrust an existing network, to develop strategies to support local and national decision makers in implementing energy
efficiency improvement measures, technical assistance and financial tools aiming to alleviate energy poverty. Member States
shall strive to ensure that the composition of the network of experts ensures gender balance and reflects the perspectives of
all people.

L 231/58 EN Official Journal of the European Union 20.9.2023


```
Member States may entrust the network of experts to offer advice on:
```
```
(a) national definitions, indicators and criteria of energy poverty, energy poor and vulnerable customers, including final
users;
```
```
(b) the development or improvement of relevant indicators and data sets, pertinent to the issue of energy poverty, that
should be used and reported upon;
```
```
(c) methods and measures to ensure affordability of living costs, the promotion of housing cost neutrality, or ways to
ensure that public funding invested in energy efficiency improvement measures benefit both owners and tenants of
buildings and building units, in particular regarding people affected by energy poverty, vulnerable customers, people
in low-income households, and, where applicable, people living in social housing;
```
```
(d) measures to prevent or remedy situations in which particular groups are more affected or more at risk of being affected
by energy poverty or are more susceptible to the adverse impacts of energy poverty such as on the basis of their
income, gender, health condition or membership of a minority group, and demographics.
```
```
CHAPTER V
```
```
EFFICIENCY IN ENERGY SUPPLY
```
```
Article 25
```
```
Heating and cooling assessment and planning
```
1. As part of its integrated national energy and climate plan and its updates pursuant to Regulation (EU) 2018/1999,
each Member State shall submit to the Commission a comprehensive heating and cooling assessment. That comprehensive
assessment shall contain the information set out in Annex X to this Directive and shall be accompanied by the assessment
carried out pursuant to Article 15(7) of Directive (EU) 2018/2001.
2. Member States shall ensure that stakeholders affected by the comprehensive assessment referred to in paragraph 1 are
given the opportunity to participate in the preparation of heating and cooling plans, the comprehensive assessment and the
policies and measures, whilst ensuring that the competent authorities do not disclose or publish trade secrets or business
secrets that have been identified as such.
3. For the purpose of the comprehensive assessment referred to in paragraph 1, Member States shall carry out a cost-
benefit analysis covering their territory on the basis of climate conditions, economic feasibility and technical suitability.
The cost-benefit analysis shall be capable of facilitating the identification of the most resource- and cost-efficient solutions
to meeting heating and cooling needs, taking into account the energy efficiency first principle. That cost-benefit analysis
may be part of an environmental assessment under Directive 2001/42/EC of the European Parliament and of
the Council(^46 ).

```
Member States shall designate the competent authorities responsible for carrying out the cost-benefit analyses, provide the
detailed methodologies and assumptions in accordance with Annex XI and establish and make public the procedures for
the economic analysis.
```
4. Where the comprehensive assessment referred to in paragraph 1 of this Article and the analysis referred to in
paragraph 3 of this Article identify a potential for the application of high-efficiency cogeneration and/or efficient district
heating and cooling from waste heat, whose benefits exceed the costs, Member States shall take adequate measures for
efficient district heating and cooling infrastructure to be developed, to encourage the development of installations for the
utilisation of waste heat, including in the industrial sector, and/or to accommodate the development of high-efficiency
cogeneration and the use of heating and cooling from waste heat and renewable energy sources in accordance with
paragraph 1 of this Article and with Article 26(7) and (9).

```
(^46 ) Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans
and programmes on the environment (OJ L 197, 21.7.2001, p. 30).
```
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```
Where the comprehensive assessment referred to in paragraph 1 of this Article and the analysis referred to in paragraph 3
of this Article do not identify a potential whose benefits exceed the costs, including the administrative costs of carrying
out the cost-benefit analysis referred to in Article 26(7), the Member State concerned, together with the local and regional
authorities, where applicable, may exempt installations from the requirements laid down in paragraphs 1 and 3 of
this Article.
```
5. Member States shall adopt policies and measures which ensure that the potential identified in the comprehensive
assessments carried out pursuant to paragraph 1 of this Article is realised. Those policies and measures shall include at
least the elements set out in Annex X. Each Member State shall notify those policies and measures as part of the update of
its integrated national energy and climate plans submitted pursuant to Article 14(2) of Regulation (EU) 2018/1999, its
subsequent integrated national energy and climate plan notified pursuant to Article 3 and Articles 7 to 12 of that
Regulation, and the relevant national energy and climate progress reports submitted pursuant to that Regulation.
6. Member States shall ensure that regional and local authorities prepare local heating and cooling plans at least in
municipalities having a total population higher than 45 000. Those plans should at least:

```
(a) be based on the information and data provided in the comprehensive assessments carried out pursuant to paragraph 1
and provide an estimate and mapping of the potential for increasing energy efficiency, including via low-temperature
district heating readiness, high efficiency cogeneration, waste heat recovery, and renewable energy in heating and
cooling in that particular area;
```
```
(b) be compliant with the energy efficiency first principle;
```
```
(c) include a strategy for the use of the identified potential pursuant to point (a);
```
```
(d) be prepared with the involvement of all relevant regional or local stakeholders and ensure the participation of general
public, including operators of local energy infrastructure;
```
```
(e) take into account the relevant existing energy infrastructure;
```
```
(f) consider the common needs of local communities and multiple local or regional administrative units or regions;
```
```
(g) assess the role of energy communities and other consumer-led initiatives that can actively contribute to the
implementation of local heating and cooling projects;
```
```
(h) include an analysis of heating and cooling appliances and systems in local building stocks, taking into account the area-
specific potentials for energy efficiency measures and addressing the worst performing buildings and the needs of
vulnerable households;
```
```
(i) assess how to finance the implementation of policies and measures and identify financial mechanisms allowing
consumers to shift to renewable heating and cooling;
```
```
(j) include a trajectory to achieve the goals of the plans in line with climate neutrality and the monitoring of the progress
of the implementation of policies and measures identified;
```
```
(k) aim to replace old and inefficient heating and cooling appliances in public bodies with highly efficient alternatives with
the aim of phasing out fossil fuels;
```
```
(l) assess potential synergies with the plans of neighbouring regional or local authorities to encourage joint investments
and cost efficiency.
```
```
Member States shall ensure that all relevant parties, including public and relevant private stakeholders, are given the
opportunity to participate in the preparation of heating and cooling plans, the comprehensive assessment referred to in
paragraph 1 and the policies and measures referred to in paragraph 5.
```
L 231/60 EN Official Journal of the European Union 20.9.2023


```
For that purpose, Member States shall develop recommendations supporting the regional and local authorities to
implement policies and measures in energy efficient and renewable energy based heating and cooling at regional and local
level utilising the potential identified. Member States shall support regional and local authorities to the utmost extent
possible by any means, including financial support and technical support schemes. Member States shall ensure that
heating and cooling plans are aligned with other local climate, energy and environment planning requirements in order to
avoid administrative burden for local and regional authorities and to encourage the effective implementation of the plans.
```
```
Local heating and cooling plans may be carried out jointly by a group of several neighbouring local authorities provided
that the geographical and administrative context, as well as the heating and cooling infrastructure, is appropriate.
```
```
Local heating and cooling plans shall be assessed by a competent authority and, if necessary, followed by appropriate
implementation measures.
```
```
Article 26
```
```
Heating and cooling supply
```
1. In order to ensure more efficient consumption of primary energy and to increase the share of renewable energy in
heating and cooling supply going into the network, an efficient district heating and cooling system shall meet the
following criteria:

```
(a) until 31 December 2027, a system using at least 50 % renewable energy, 50 % waste heat, 75 % cogenerated heat or
50 % of a combination of such energy and heat;
```
```
(b) from 1 January 2028, a system using at least 50 % renewable energy, 50 % waste heat, 50 % renewable energy and
waste heat, 80 % of high-efficiency cogenerated heat or at least a combination of such thermal energy going into the
network where the share of renewable energy is at least 5 % and the total share of renewable energy, waste heat or
high-efficiency cogenerated heat is at least 50 %;
```
```
(c) from 1 January 2035, a system using at least 50 % renewable energy, 50 % waste heat or 50 % renewable energy and
waste heat, or a system where the total share of renewable energy, waste heat or high-efficiency cogenerated heat is at
least 80 % and in addition the total share of renewable energy or waste heat is at least 35 %;
```
```
(d) from 1 January 2040, a system using at least 75 % renewable energy, 75 % waste heat or 75 % renewable energy and
waste heat, or a system using at least 95 % renewable energy, waste heat and high-efficiency cogenerated heat and in
addition the total share of renewable energy or waste heat is at least 35 %;
```
```
(e) from 1 January 2045, a system using at least 75 % renewable energy, 75 % waste heat or 75 % renewable energy and
waste heat;
```
```
(f) from 1 January 2050, a system using only renewable energy, only waste heat, or only a combination of renewable
energy and waste heat.
```
2. Member States may also choose, as an alternative to the criteria set out in paragraph 1 of this Article, sustainability
performance criteria based on the amount of GHG emissions from the district heating and cooling system per unit of heat
or cold delivered to the customers, taking into consideration measures implemented to fulfil the obligation pursuant to
Article 24(4) of Directive (EU) 2018/2001. When choosing those criteria, an efficient district heating and cooling system
shall have the following maximum amount of GHG emissions per unit of heat or cold delivered to the customers:

```
(a) until 31 December 2025: 200 grams/kWh;
```
```
(b) from 1 January 2026: 150 grams/kWh;
```
```
(c) from 1 January 2035: 100 grams/kWh;
```
```
(d) from 1 January 2045: 50 grams/kWh;
```
```
(e) from 1 January 2050: 0 grams/kWh.
```
20.9.2023 EN Official Journal of the European Union L 231/61


3. Member States may choose to apply the criteria of GHG emissions per unit of heat or cold for any given period
referred to in paragraph 2, points (a) to (e), of this Article. If they choose to do so, they shall notify the Commission by
11 January 2024for the period referred to in paragraph 2, point (a), of this Article and at least six months before the
beginning of the relevant periods referred to in paragraph 2, points (b) to (e), of this Article. Such a notification shall
include the measures implemented to fulfil the obligation pursuant to Article 24(4) of Directive (EU) 2018/2001 if they
have not already been notified in the latest update of their national energy and climate plan.
4. In order for a district heating and cooling system to qualify as efficient, Member States shall ensure that where it is
built or its supply units are substantially refurbished, the district heating or cooling system meet the criteria set out in
paragraph 1 or 2 applicable at the time when it starts or continues its operation after the refurbishment. In addition,
Member States shall ensure that when a district heating and cooling system is built or its supply units are substantially
refurbished:

```
(a) there is no increase in the use of fossil fuels other than natural gas in existing heat sources compared to the annual
consumption averaged over the previous three calendar years of full operation before refurbishment; and
```
```
(b) any new heat sources in that system do not use fossil fuels, except natural gas, if built or substantially refurbished
until 2030.
```
5. Member States shall ensure that as from 1 January 2025, and every five years thereafter, operators of all existing
district heating and cooling systems with a total heat and cold output exceeding 5 MW and which do not meet the criteria
set out in paragraph 1, points (b) to (e), prepare a plan to ensure more efficient consumption of primary energy, to reduce
distribution losses and to increase the share of renewable energy in heating and cooling supply. The plan shall include
measures to meet the criteria set out in paragraph 1, points (b) to (e), and shall require approval by the competent authority.
6. Member States shall ensure that data centres with a total rated energy input exceeding 1 MW utilise the waste heat or
other waste heat recovery applications unless they can show that it is not technically or economically feasible in accordance
with the assessment referred to in paragraph 7.
7. In order to assess the economic feasibility of increasing energy efficiency of heat and cooling supply, Member States
shall ensure that an installation level cost-benefit analysis in accordance with Annex XI is carried out where the following
installations are newly planned or substantially refurbished:

```
(a) a thermal electricity generation installation with an average annual total energy input exceeding 10 MW, in order to
assess the cost and benefits of providing for the operation of the installation as a high-efficiency cogeneration
installation;
```
```
(b) an industrial installation with an average annual total energy input exceeding 8 MW in order to assess utilisation of the
waste heat on-site and off-site;
```
```
(c) a service facility with an annual average total energy input exceeding 7 MW, such as wastewater treatment facilities and
LNG facilities, in order to assess utilisation of waste heat on-site and off-site;
```
```
(d) a data centre with a total rated energy input exceeding 1 MW level in order to assess the cost and benefit analysis,
including, but not limited to, technical feasibility, cost-efficiency and the impact on energy efficiency and local heat
demand, including seasonal variation, of utilising the waste heat to satisfy economically justified demand, and of the
connection of that installation to a district heating network or an efficient/RES-based district cooling system or other
waste heat recovery applications.
```
```
The analysis referred to in the first subparagraph, point (d), shall consider cooling system solutions that allow removing or
capturing the waste heat at useful temperature level with minimal ancillary energy inputs.
```
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```
Member States shall aim to remove barriers for the utilisation of waste heat and provide support for the uptake of waste
heat where the installations are newly planned or refurbished.
```
```
The fitting of equipment to capture carbon dioxide produced by a combustion installation with a view to it being
geologically stored as provided for in Directive 2009/31/EC shall not be considered as refurbishment for the purpose of
points (b) and (c) of this paragraph.
```
```
Member States shall require the cost-benefit analysis to be carried out in cooperation with the companies responsible for
the operation of the facility.
```
8. Member States may exempt from paragraph 7:

```
(a) peak load and back-up electricity generating installations which are planned to operate under 1 500operating hours
per year as a rolling average over a period of five years, based on a verification procedure established by the Member
States ensuring that this exemption criterion is met;
```
```
(b) installations that need to be located close to a geological storage site approved under Directive 2009/31/EC;
```
```
(c) data centres whose waste heat is or will be used in a district heating network or directly for space heating, domestic hot
water preparation or other uses in the building or group of buildings or facilities where it is located.
```
```
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
installations from paragraph 7, points (c) and (d).
```
```
Member States shall notify exemptions adopted under this paragraph to the Commission.
```
9. Member States shall adopt authorisation criteria as referred to in Article 8 of Directive (EU) 2019/944, or equivalent
permit criteria, in order to:

```
(a) take into account the outcome of the comprehensive assessment referred to in Article 25(1);
```
```
(b) ensure that the requirements laid down in paragraph 7 are fulfilled;
```
```
(c) take into account the outcome of the cost-benefit analysis referred to in paragraph 7.
```
10. Member States may exempt individual installations from being required, by the authorisation or equivalent permit
criteria referred to in paragraph 9, to implement options whose benefits exceed their costs, if there are imperative reasons
of law, ownership or finance for doing so. In those cases the Member State concerned shall submit a reasoned decision to
the Commission within three months of the date of taking that decision. The Commission may issue an opinion on the
decision within three months of its receipt.
11. Paragraphs 7, 8, 9 and 10 of this Article shall apply to installations covered by Directive 2010/75/EU without
prejudice to the requirements laid down in that Directive.
12. Member States shall collect information on cost-benefit analyses carried out in accordance with paragraph 7, points
(a) to (d). That information should contain at least the data on available heat supply amounts and heat parameters, number
of planned operating hours every year and geographical location of the sites. Those data shall be published with due respect
for their potential sensitivity.
13. On the basis of the harmonised efficiency reference values referred to in Annex III, point (d), Member States shall
ensure that the origin of electricity produced from high-efficiency cogeneration can be guaranteed according to objective,
transparent and non-discriminatory criteria laid down by each Member State. They shall ensure that that guarantee of
origin complies with the requirements laid down in, and contains at least the information specified in, Annex XII. Member
States shall mutually recognise their guarantees of origin, exclusively as proof of the information referred to in this

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```
paragraph. Any refusal to recognise a guarantee of origin as such proof, in particular for reasons relating to the prevention
of fraud, shall be based on objective, transparent and non-discriminatory criteria. Member States shall notify the
Commission of such refusal and set out the reasons for it. In the event of a refusal to recognise a guarantee of origin, the
Commission may 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.
```
14. Member States shall ensure that any available support for cogeneration is subject to the electricity produced
originating 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.

```
Article 27
```
```
Energy transformation, transmission and distribution
```
1. National energy regulatory authorities shall apply the energy efficiency first principle, in accordance with Article 3 of
this Directive, in carrying out the regulatory tasks provided for in Directives 2009/73/EC and (EU) 2019/944 regarding
their decisions on the operation of the gas and electricity infrastructure, including their decisions on network tariffs. In
addition to the energy efficiency first principle, national energy regulatory authorities may take into account cost
efficiency, system efficiency and security of supply, and market integration, while safeguarding the Union’s climate targets
and sustainability, as set out in Article 18 of Regulation (EU) 2019/943 and in Article 13 of Regulation (EC) No 715/2009.
2. Member States shall ensure that gas and electricity transmission and distribution system operators apply the energy
efficiency first principle, in accordance with Article 3 of this Directive, in their network planning, network development
and investment decisions. National regulatory authorities or other designated national authorities shall verify that
methodologies used by transmission system operators and distribution system operators assess alternatives in the cost-
benefit analysis and take into account the wider benefits of energy efficiency solutions, demand-side flexibility and
investment into assets that contribute to climate change mitigation. National regulatory authorities and other designated
authorities shall also verify the implementation of the energy efficiency first principle by the transmission system
operators or distribution system operators when approving, verifying or monitoring their projects and network
development plans pursuant to Article 22 of Directive 2009/73/EC and to Article 32(3) and Article 51 of Directive
(EU) 2019/944. National regulatory authorities may provide methodologies and guidance on how to assess alternatives in
the cost-benefit analysis in close cooperation with the transmission system operators and distribution system operators,
which can share key technical expertise.
3. Member States shall ensure that transmission and distribution system operators monitor and quantify the overall
volume of network losses and, where it is technically and financially feasible, optimise networks and improve network
efficiency. Transmission and distribution system operators shall report those measures and expected energy savings
through the reduction of network losses to the national energy regulatory authority. Member States shall ensure that
transmission and distribution system operators assess energy efficiency improvement measures with regard to their
existing gas or electricity transmission or distribution systems and improve energy efficiency in infrastructure design and
operation, especially in terms of smart grid deployment. Member States shall encourage transmission and distribution
system operators to develop innovative solutions to improve the energy efficiency of existing and future systems through
incentive-based regulations in accordance with the tariff principles set out in Article 18 of Regulation (EU) 2019/943 and
Article 13 of Regulation (EC) No 715/2009.
4. National energy regulatory authorities shall include a specific section on the progress achieved in energy efficiency
improvements regarding the operation of the gas and electricity infrastructure in the annual report drawn up pursuant to
Article 41 of Directive 2009/73/EC and pursuant to Article 59(1), point (i), of Directive (EU) 2019/944. In those reports,
national energy regulatory authorities shall provide an assessment of the overall efficiency in the operation of the gas and
electricity infrastructure, the measures carried out by transmission and distribution system operators and, where
applicable, provide recommendations for energy efficiency improvements, including cost-efficient alternatives that reduce
peak loads and overall electricity use.

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5. For electricity, Member States shall ensure that network regulation and network tariffs fulfil the criteria set out in
Annex XIII, taking into account network codes and guidelines developed pursuant to Regulation (EU) 2019/943 and the
obligation set out in Article 59(7), point (a), of Directive (EU) 2019/944 to allow for necessary investments in the
networks to be carried out in a manner ensuring the viability of the networks.
6. Member States may permit components of schemes and tariff structures with a social aim for net-bound energy
transmission and distribution, provided that any disruptive effects on the transmission and distribution system are kept to
the minimum necessary and are not disproportionate to the social aim.
7. National regulatory authorities shall ensure the removal of those incentives in transmission and distribution tariffs
that are detrimental to the energy efficiency of the generation, transmission, distribution and supply of electricity and gas.
Member States shall ensure efficiency in infrastructure design and the operation of the existing infrastructure, in
accordance with Regulation (EU) 2019/943, and that tariffs allow for demand response.
8. Transmission system operators and distribution system operators shall comply with Annex XIV.
9. Where appropriate, national regulatory authorities may require transmission system operators and distribution
system operators to encourage high-efficiency cogeneration to be located close to areas of heat demand by reducing the
connection and use-of-system charges.
10. Member States may allow producers of electricity from high-efficiency cogeneration wishing to be connected to the
grid to issue a call for tender for the connection work.
11. When reporting under Directive 2010/75/EU, and without prejudice to Article 9(2) of that Directive, Member States
shall consider including information on energy efficiency levels of installations undertaking the combustion of fuels with
total rated thermal input of 50 MW or more in the light of the relevant best available techniques developed in accordance
with Directive 2010/75/EU.

```
CHAPTER VI
```
```
HORIZONTAL PROVISIONS
```
```
Article 28
```
```
Availability of qualification, accreditation and certification schemes
```
1. Member States shall set up a network ensuring the appropriate level of competences for energy efficiency-related
professions that corresponds to market needs. Member States, in close cooperation with the social partners, shall ensure
that certification or equivalent qualification schemes, including, where necessary, suitable training programmes, are
available for energy efficiency-related professions including providers of energy services, providers of energy audits, energy
managers, independent experts, installers of building elements as referred to in Directive 2010/31/EU, and providers of
integrated renovation works, and are reliable and contribute to national energy efficiency objectives and the overall Union
decarbonisation objectives.

```
Member States shall ensure that providers of certification or equivalent qualification schemes, including, where necessary,
suitable training programmes are accredited in accordance with Regulation (EC) No 765/2008 of the European Parliament
and of the Council(^47 ) or approved in line with converging national legislation or standards.
```
```
(^47 ) Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for
accreditation and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).
```
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2. Member States shall promote participation in certification, training and education programmes to ensure the
appropriate level of competences for energy efficiency professions that correspond to market needs.
3. By 11 October 2024, the Commission shall:

```
(a) in cooperation with a group of experts nominated by Member States, set up a framework for or design a campaign to
attract more people to energy efficiency professions while ensuring respect for the principle of non-discrimination;
```
```
(b) assess the viability of setting up a single point of access platform, making use of existing initiatives where possible, to
provide support to the Member States in setting up their measures to ensure the appropriate level of qualified
professionals needed to keep up with the pace of progress in energy efficiency to reach the Union’s climate and energy
targets. The platform would gather experts from Member States, the social partners, education institutions, academia
and other relevant stakeholders to foster and promote best practices of qualification schemes and training
programmes to ensure more energy efficiency professionals and to re-skill or up-skill existing professionals in order to
meet market needs.
```
4. Member States shall ensure that national certification, or equivalent qualification schemes, including, where
necessary, training programmes, take into account existing European or international standards on energy efficiency.
5. Member States shall make publicly available the certification, equivalent qualification schemes or suitable training
programmes referred to in paragraph 1, and shall cooperate among themselves and with the Commission on comparisons
between, and recognition of, the schemes.

```
Member States shall take appropriate measures to make consumers aware of the availability of the schemes in accordance
with Article 29(1).
```
6. By 31 December 2024and at least every four years thereafter, Member States shall assess whether the schemes ensure
the necessary level of competences and equal access to all individuals in accordance with the principle of non-
discrimination for energy services providers, energy auditors, energy managers, independent experts, installers of building
elements as referred to in Directive 2010/31/EU, and providers of integrated renovation works. Member States shall also
assess the gap between available and in demand professionals. Member States shall make the assessment and
recommendations thereof publicly available and submit them through the e-platform established in accordance with
Article 28 of Regulation (EU) 2018/1999.

```
Article 29
```
```
Energy services
```
1. Member States shall promote the energy services market and access to it for SMEs by disseminating clear and easily
accessible information on:

```
(a) available energy service contracts and clauses that should be included in such contracts to guarantee energy savings and
final customers’ rights;
```
```
(b) financial instruments, incentives, grants, revolving funds, guarantees, insurance schemes, and loans to support energy
efficiency service projects;
```
```
(c) available energy services providers, such as ESCOs, that are qualified or certified and their qualifications or
certifications in accordance with Article 28;
```
```
(d) available monitoring and verification methodologies and quality control schemes.
```
2. Member States shall encourage the development of quality labels, inter alia, by trade associations, based on European
or international standards where relevant.

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3. Member States shall make publicly available and regularly update a list of available energy service providers that are
qualified or certified and their qualifications or certifications in accordance with Article 28, or provide an interface where
energy service providers can provide that information.
4. Member States shall promote and ensure, where technically and economically feasible, the use of energy performance
contracting for renovations of large buildings that are owned by public bodies. For renovations of large non-residential
buildings with a total useful floor area above 750 m^2 , Member States shall ensure that public bodies assess the feasibility of
using energy performance contracting and other performance-based energy services.

```
Member States may encourage public bodies to combine energy performance contracting with expanded energy services,
including demand response and storage, in order to ensure energy savings and maintain the results obtained over time
through continuous monitoring, effective operation and maintenance.
```
5. Member States shall support the public sector in taking up energy service offers, in particular for building
refurbishment, by:

```
(a) providing model contracts for energy performance contracting which include at least the items listed in Annex XV and
take into account the existing European or international standards, available tendering guidelines and the Eurostat
guide to the statistical treatment of energy performance contracts in government accounts;
```
```
(b) providing information on best practices for energy performance contracting, including, if available, a cost-benefit
analysis using a life-cycle approach;
```
```
(c) promoting and making publicly available a database of implemented and ongoing energy performance contracting
projects that includes the projected and achieved energy savings.
```
6. Member States shall support the proper functioning of the energy services market, by taking the following measures:

```
(a) identifying and publicising one or more points of contact where final customers can obtain the information referred to
in paragraph 1;
```
```
(b) removing the regulatory and non-regulatory barriers that impede the uptake of energy performance contracting and
other energy efficiency service models for the identification or implementation of energy saving measures, or both;
```
```
(c) setting up and promoting the role of advisory bodies and independent market intermediaries including one-stop shops
or similar support mechanisms to stimulate market development on the demand and supply sides, and making
information about those support mechanisms publicly available and accessible to market actors.
```
7. For the purpose of supporting the proper functioning of the energy services market, Member States may establish an
individual mechanism or designate an ombudsperson to ensure the efficient handling of complaints and out-of-court
settlement of disputes arising from energy service and energy performance contracts.
8. Member States shall ensure that energy distributors, distribution system operators and retail energy sales companies
refrain from any activities that may impede the demand for and delivery of energy services or energy efficiency
improvement measures, or hinder the development of markets for such services or measures, including foreclosing the
market for competitors or abusing dominant positions.

```
Article 30
```
```
National energy efficiency fund, financing and technical support
```
1. Without prejudice to Articles 107 and 108 TFEU, Member States shall facilitate the establishment of financing
facilities, or the use of existing ones, for energy efficiency improvement measures to maximise the benefits of multiple
streams of financing and the combination of grants, financial instruments and technical assistance.

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2. The Commission shall, where appropriate, directly or via financial institutions, assist Member States in setting up
financing facilities and project development assistance facilities at national, regional or local level with the aim of
increasing investments in energy efficiency in different sectors and of protecting and empowering people affected by
energy poverty, vulnerable customers, people in low-income households and, where applicable, people living in social
housing, including by integrating an equality perspective so that no one is left behind.
3. Member States shall adopt measures that promote energy efficiency lending products, such as green mortgages and
green loans, secured and unsecured, and ensure that they are offered widely and in a non-discriminatory manner by
financial institutions and, are visible and accessible to consumers. Member States shall adopt measures to facilitate the
implementation of on-bill and on-tax financing schemes, taking into account the Commission guidance provided in
accordance with paragraph 10. Member States shall ensure that banks and other financial institutions receive information
on opportunities to participate in the financing of energy efficiency improvement measures, including through the
creation of public-private partnerships. Member States shall encourage the setting up of loan guarantee facilities for energy
efficiency investment.
4. Without prejudice to Articles 107 and 108 TFEU, Member States shall promote the establishment of financial
support schemes to increase the uptake of energy efficiency improvement measures for the substantial refurbishment of
individual and district heating and cooling systems.
5. Member States shall promote the establishment of local expertise and technical assistance, where appropriate through
existing networks and facilities, to advise on best practices with regard to achieving the decarbonisation of local district
heating and cooling, such as access to dedicated financial support.
6. The Commission shall facilitate the exchange of best practices between the competent national or regional authorities
or bodies, including through annual meetings of the regulatory bodies, public databases with information on the
implementation of measures by Member States, and cross-country comparisons.
7. In order to mobilise private financing for energy efficiency measures and energy renovation and to contribute to the
achievement the Union’s energy efficiency targets and of the national contributions pursuant to Article 4 of this Directive
and of the objectives in Directive 2010/31/EU, the Commission shall conduct a dialogue with both public and private
financial institutions, as well as relevant specific sectors in order to map out needs and possible actions it can take.
8. The actions referred to in paragraph 7 shall include the following elements:

```
(a) mobilising capital investment into energy efficiency by considering the wider impacts of energy savings;
```
```
(b) facilitating the implementation of dedicated energy efficiency financial instruments and financing schemes at scale to be
set up by financial institutions;
```
```
(c) ensuring better energy and finance performance data by:
```
```
(i) examining further how energy efficiency investments improve underlying asset values;
```
```
(ii) supporting studies to assess the monetisation of the non-energy benefits of energy efficiency investments.
```
9. For the purpose of mobilising private financing of energy efficiency measures and energy renovation, Member States
shall, when implementing this Directive:

```
(a) consider ways to make better use of energy management systems and energy audits under Article 11 to influence
decision-making;
```
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```
(b) make optimal use of the possibilities and tools available in the Union budget and proposed in the smart finance for
smart buildings initiative and in Commission communication of 14 October 2020on ‘A Renovation Wave for Europe
```
- greening our buildings, creating jobs, improving lives’.
10. By 31 December 2024, the Commission shall provide guidance for Member States and market actors on how to
unlock private investment.

```
The guidance shall have the purpose of helping Member States and market actors to develop and implement their energy
efficiency investments, including in the various Union programmes, and shall propose adequate financial mechanisms and
innovative financing solutions, with a combination of grants, financial instruments and project development assistance, to
scale up existing initiatives and use the Union programmes as a catalyst to leverage and trigger private financing.
```
11. Member States may set up a national energy efficiency fund. The purpose of this fund shall be to implement energy
efficiency measures to support Member States in meeting their national energy efficiency contributions and their indicative
trajectories referred to in Article 4(2). The national energy efficiency fund may be established as a dedicated fund within an
already existing national facility promoting capital investments. The national energy efficiency fund may be financed with
revenues from the allowance auctions pursuant to the EU ETS on buildings and transport sectors.
12. Where Member States set up national energy efficiency funds, as referred to in paragraph 11 of this Article, they
shall establish financing instruments, including public guarantees, to increase the uptake of private investments in energy
efficiency and of the energy efficiency lending products and innovative schemes referred to in paragraph 3 of this Article.
Pursuant to Article 8(3) and Article 24, the national energy efficiency fund shall support the implementation of measures
as a priority among people affected by energy poverty, vulnerable customers, people in low-income households and,
where applicable, people living in social housing. That support shall include financing for energy efficiency measures for
SMEs in order to leverage and trigger private financing for SMEs.
13. Member States may allow public bodies to fulfil the obligations set out in Article 6(1) by means of annual
contributions to the national energy efficiency fund equivalent to the amount of the investments required to achieve those
obligations.
14. Member States may provide that obligated parties can fulfil their obligations set out in Article 8(1) and (4) by
contributing every year to the national energy efficiency fund an amount equal to the investments required to achieve
those obligations.
15. Member States may use their revenues from annual emission allocations under Decision No 406/2009/EC for the
development of innovative financing for energy efficiency improvements.
16. The Commission shall assess the effectiveness and efficiency of energy efficiency public funding support at Union
and national level and the Member States’ capacity to increase the uptake of private investments in energy efficiency, while
also taking into account public financing needs expressed in the national energy and climate plans. The Commission shall
evaluate whether an energy efficiency mechanism at Union level, with the objective of providing a Union guarantee,
technical assistance and associated grants to enable the implementation of financial instruments, and financing and
support schemes at national level, could support in a cost-effective way the achievement of the Union energy efficiency
and climate targets, and, if appropriate, propose the establishment of such a mechanism.

```
To that end, the Commission shall submit by 30 March 2024a report to the European Parliament and to the Council,
accompanied, where appropriate, by legislative proposals.
```
17. Member States shall report to the Commission by 15 March 2025and every two years thereafter, as part of their
integrated national energy and climate progress reports submitted pursuant to Article 17 and in accordance with
Article 21 of Regulation (EU) 2018/1999, the following data:

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```
(a) the volume of public investments on energy efficiency and the average leverage factor achieved by public funding
supporting energy efficiency measures;
```
```
(b) the volume of energy efficiency lending products, distinguishing between different products;
```
```
(c) where relevant, national financing programmes put in place to increase uptake of energy efficiency and best practices,
and innovative financing schemes for energy efficiency.
```
```
To facilitate the preparation of the report referred to in the first subparagraph of this paragraph, the Commission shall
integrate the requirements set out in that subparagraph in the common template laid down in the implementing acts
adopted pursuant to Article 17(4) of Regulation (EU) 2018/1999.
```
18. For the purpose of fulfilling the obligation referred to in paragraph 17, point (b), and without prejudice to additional
national measures, Member States shall take into consideration the existing disclosure obligations for financial institutions,
including:

```
(a) the disclosure rules for credit institutions under Commission Delegated Regulation (EU) 2021/2178(^48 );
```
```
(b) the ESG risks disclosure requirements for credit institutions in accordance with Article 449a of Regulation (EU)
No 575/2013 of the European Parliament and of the Council(^49 ).
```
```
To facilitate the collection and aggregation of data on volume of energy efficiency lending product for the purpose of
fulfilling the obligation referred to in paragraph 17, point (b), the Commission shall by 15 March 2024provide guidance
to Member States on the arrangements for accessing, collecting and aggregating data on the volume of energy efficiency
lending products at national level.
```
```
Article 31
```
```
Conversion factors and primary energy factors
```
1. For the purpose of comparison of energy savings and conversion to a comparable unit, the net calorific values in
Annex VI of Regulation (EU) 2018/2066 and the primary energy factors set out in paragraph 2 of this Article shall apply
unless the use of other values or factors can be justified.
2. A primary energy factor shall be applicable when energy savings are calculated in primary energy terms using a
bottom-up approach based on final energy consumption.
3. For savings in kWh electricity, Member States shall apply a coefficient in order to accurately calculate the resulting
primary energy consumption savings. Member States shall apply a default coefficient of 1,9 unless they use their discretion
to define a different coefficient based upon justified national circumstances.
4. For savings in kWh of other energy carriers, Member States shall apply a coefficient in order to accurately calculate
the resulting primary energy consumption savings.
5. Where Member States establish their own coefficient to a default value provided pursuant to this Directive, Member
States shall establish that coefficient through a transparent methodology on the basis of national, regional or local
circumstances affecting primary energy consumption. The circumstances shall be substantiated, verifiable and based on
objective and non-discriminatory criteria.

```
(^48 ) Commission Delegated Regulation (EU) 2021/2178 of 6 July 2021 supplementing Regulation (EU) 2020/852 of the European
Parliament and of the Council by specifying the content and presentation of information to be disclosed by undertakings subject to
Articles 19a or 29a of Directive 2013/34/EU concerning environmentally sustainable economic activities, and specifying the
methodology to comply with that disclosure obligation (OJ L 443, 10.12.2021, p. 9).
(^49 ) 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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6. Where establishing an own coefficient, Member States shall take into account the energy mix included in the update
of their integrated national energy and climate plans submitted pursuant to Article 14(2) of Regulation (EU) 2018/1999
and their subsequent integrated national energy and climate plans notified to the Commission pursuant to Article 3 and
Articles 7 to 12 of that Regulation. If they deviate from the default value, Member States shall notify the coefficient that
they use to the Commission along with the calculation methodology and underlying data in those updates and subsequent
plans.
7. By 25 December 2026and every four years thereafter, the Commission shall revise the default coefficients on the
basis of observed data. Those revisions shall be carried out taking into account its effects on Union law such as
Directive 2009/125/EC and Regulation (EU) 2017/1369.

```
CHAPTER VII
```
```
FINAL PROVISIONS
```
```
Article 32
```
```
Penalties
```
```
Member States shall lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to
this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be
effective, proportionate and dissuasive. Member States shall by 11 October 2025notify the Commission of those rules and
of those measures and shall notify it without delay of any subsequent amendment affecting them.
```
```
Article 33
```
```
Delegated acts
```
1. The Commission is empowered to adopt delegated acts in accordance with Article 34 to review the harmonised
efficiency reference values laid down in Regulation (EU) 2015/2402.
2. The Commission is empowered to adopt delegated acts in accordance with Article 34 to amend this Directive by
adapting to technical progress the values, calculation methods, default primary energy coefficients and the requirements
referred to in Article 31 and in Annexes II, III, V, VIII to XII, and XIV.
3. The Commission is empowered to adopt delegated acts in accordance with Article 34 to supplement this Directive by
establishing, after having consulted the relevant stakeholders, a common Union scheme for rating the sustainability of data
centres located in its territory. The Commission shall adopt the first such delegated act by 31 December 2023. The
common Union scheme shall establish the definition of data centre sustainability indicators and shall set out the key
performance indicators and the methodology to measure them.

```
Article 34
```
```
Exercise of the delegation
```
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2. The power to adopt delegated acts referred to in Article 33 shall be conferred on the Commission for a period of five
years from 10 October 2023. The Commission shall draw up a report in respect of the delegation of power not later than
nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an
identical duration, unless the European Parliament or the Council opposes such extension not later than three months
before the end of each period.

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3. The delegation of power referred to in Article 33 may be revoked at any time by the European Parliament or by the
Council. A decision to revoke shall put an end to the delegation 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
therein. It shall not affect the validity of any delegated acts already in force.
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance
with the principles laid down in the Interinstitutional Agreement of 13 April 2016on Better Law-Making.
5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to
the Council.
6. A delegated act adopted pursuant to Article 33 shall enter into force only if no objection has been expressed either by
the European Parliament or by the Council within a period of two months of notification of that act to the European
Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both
informed the Commission that they will not object. That period shall be extended by two months at the initiative of the
European Parliament or of the Council.

```
Article 35
```
```
Review and monitoring of implementation
```
1. In the context of its State of the Energy Union report submitted pursuant to Article 35 of Regulation
(EU) 2018/1999, the Commission shall report on the functioning of the carbon market in accordance with Article 35(1)
and Article 35(2), point (c), of that Regulation, taking into consideration the effects of the implementation of this Directive.
2. By 31 October 2025and every four years thereafter, the Commission shall evaluate the existing measures to achieve
energy efficiency increase and decarbonisation in heating and cooling. The evaluation shall take into account all of the
following:

```
(a) energy efficiency and GHG emissions trends in heating and cooling, including in district heating and cooling;
```
```
(b) interlinkages between measures taken;
```
```
(c) changes in energy efficiency and greenhouse gas emissions in the heating and cooling;
```
```
(d) existing and planned energy efficiency policies and measures and greenhouse gas reduction policies and measures at
Union and national level;
```
```
(e) measures which Member States provided in their comprehensive assessments pursuant to Article 25(1) of this Directive
and notified in accordance with Article 17(1) of Regulation (EU) 2018/1999.
```
```
By 31 October 2025and every four years thereafter, the Commission shall submit a report to the European Parliament and
to the Council on that evaluation and, if appropriate, propose measures to ensure the achievement of the Union’s climate
and energy targets.
```
3. Member States shall submit to the Commission before 30 April each year statistics on national electricity and heat
production from high and low efficiency cogeneration, in accordance with the general principles set out in Annex II, in
relation to total heat and electricity production. They shall also submit annual statistics on cogeneration heat and
electricity capacities and fuels for cogeneration, and on district heating and cooling production and capacities, in relation
to total heat and electricity production and capacities. Member States shall submit statistics on primary energy savings
achieved by the application of cogeneration in accordance with the methodology set out in Annex III.

L 231/72 EN Official Journal of the European Union 20.9.2023


4. By 1 January 2021, the Commission shall submit a report to the European Parliament and to the Council, on the basis
of an assessment of the potential for energy efficiency in conversion, transformation, transmission, transportation and
storage of energy, accompanied, where appropriate, by legislative proposals.
5. By 31 December 2021, the Commission shall, subject to any changes to the provisions relating to retail markets in
Directive 2009/73/EC, carry out an assessment, and submit a report to the European Parliament and to the Council, on the
provisions related to metering, billing and consumer information for natural gas, with the aim of aligning them, where
appropriate, with the relevant provisions for electricity in Directive (EU) 2019/944, in order to strengthen consumer
protection and enable final customers to receive more frequent, clear and up-to-date information about their natural gas
consumption and to regulate their energy use. As soon as possible after the submission of that report, the Commission
shall, where appropriate, adopt legislative proposals.
6. By 31 October 2022, the Commission shall assess whether the Union has achieved its 2020 headline targets on
energy efficiency.
7. By 28 February 2027and every five years thereafter, the Commission shall evaluate the implementation of this
Directive and submit a report to the European Parliament and to the Council.

```
That evaluation shall include:
```
```
(a) an assessment of the general effectiveness of this Directive and the need to further adjust the Union’s energy efficiency
policy in accordance with the objectives of the Paris Agreement and in light of economic and innovation developments;
```
```
(b) a detailed assessment of the aggregated macroeconomic impact of this Directive, with an emphasis on the effects on the
Union’s energy security, energy prices, minimising energy poverty, economic growth, competitiveness, job creation,
mobility cost and household purchasing power;
```
```
(c) the Union’s 2030 headline targets on energy efficiency set out in Article 4(1) with a view to revising those targets
upwards in the event of substantial cost reductions resulting from economic or technological developments, or where
needed to meet the Union’s decarbonisation targets for 2040 or 2050, or its international commitments for
decarbonisation;
```
```
(d) whether Member States are to continue to achieve new annual savings in accordance with Article 8(1), first
subparagraph, point (b)(iv), for a ten-year periods after 2030;
```
```
(e) whether Member States are to continue to ensure that at least 3 % of the total floor area of heated and/or cooled
buildings that are owned by public bodies is renovated each year in accordance with Article 6(1) with a view to
revising the renovation rate in that Article;
```
```
(f) whether Member States are to continue to achieve a share of energy savings among people affected by energy poverty,
vulnerable customers and, where applicable, people living in social housing, pursuant to Article 8(3) for the ten-year
periods after 2030;
```
```
(g) whether Member States are to continue to achieve a reduction of final energy consumption in accordance with
Article 5(1);
```
```
(h) the impacts of this Directive on supporting economic growth, increasing industrial output, the deployment of
renewables or advanced efforts to climate neutrality.
```
```
The evaluation shall also cover the effects on efforts to electrify the economy and the introduction of hydrogen, including
whether any change to the treatment of clean renewable energy sources might be justified, and shall propose, where
appropriate, solutions to any potentially identified adverse effect.
```
20.9.2023 EN Official Journal of the European Union L 231/73


```
That report shall be accompanied by a detailed assessment of whether there is a need to amend this Directive in the interests
of regulatory simplification and, where appropriate, by proposals for further measures.
```
8. By 31 October 2032, the Commission shall assess whether the Union has achieved its 2030 headline targets on
energy efficiency.

```
Article 36
```
```
Transposition
```
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with
Articles 1, 2 and 3, Article 4(1) to (4), Article 4(5), first, second, fourth, fifth and sixth subparagraphs, Article 4(6) and (7),
Articles 5 to 11, Article 12(2) to (5), Articles 21 to 25, Article 26(1), (2) and (4) to (14), Article 27, Article 28(1) to (5),
Articles 29 to 32 and Annexes I, III to VII, X, XI and XV by 11 October 2025.

```
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with
Article 4(5), third subparagraph, Article 12(1), Article 26(3) and Article 28(6) by the dates referred to therein. They shall
immediately communicate the text of those measures to the Commission.
```
```
When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a
reference on the occasion of their official publication. They shall also include a statement that references in existing laws,
regulations and administrative provisions to the Directive repealed by this Directive shall be construed as references to this
Directive. Member States shall determine how such reference is to be made and how that statement is to be formulated.
```
2. Member States shall communicate to the Commission the text of the main provisions of national law which they
adopt in the field covered by this Directive.

```
Article 37
```
```
Amendment to Regulation (EU) 2023/955
```
```
In Article 2 of Regulation (EU) 2023/955, point (1) is replaced by the following:
```
```
‘(1) “energy poverty” means energy poverty as defined in Article 2, point (52), of Directive (EU) 2023/1791 of the
European Parliament and of the Council (*).
```
```
_____________
(*) Directive (EU) 2023/1791 of the European Parliament and of the Council of 13 September 2023 on energy efficiency
and amending Regulation (EU) 2023/955 (OJ L 231, 20.9.2023, p. 1).’.
```
```
Article 38
```
```
Repeal
```
```
Directive 2012/27/EU, as amended by the acts listed in Part A of Annex XVI is repealed with effect from 12 October 2025,
without prejudice to the obligations of the Member States relating to the time-limits for the transposition into national law
of the Directives set out in Part B of Annex XVI.
```
```
References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with
the correlation table in Annex XVII.
```
L 231/74 EN Official Journal of the European Union 20.9.2023


```
Article 39
```
```
Entry into force and application
```
```
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the
European Union.
```
```
Articles 13, 14, 15, 16, 17, 18, 19 and 20 and Annexes II, VIII, IX, XII, XIII and XIV shall apply from 12 October 2025.
```
```
Article 37 shall apply from 30 June 2024.
```
```
Article 40
```
```
Addressees
```
```
This Directive is addressed to the Member States.
```
```
Done at Strasbourg, 13 September 2023.
```
```
For the European Parliament
The President
R. METSOLA
```
```
For the Council
The President
J. M. ALBARES BUENO
```
20.9.2023 EN Official Journal of the European Union L 231/75


```
ANNEX I
```
```
NATIONAL CONTRIBUTIONS TO THE UNION’S ENERGY EFFCIENCY TARGETS IN 2030 IN FINAL ENERGY
CONSUMPTION AND/OR PRIMARY ENERGY CONSUMPTION
```
1. The level of national contributions is calculated on the basis of the indicative formula:

```
FECC 2030 ¼ CEUð 1 – TargetÞ FECB 2030
```
```
PECC 2030 ¼ CEUð 1 – TargetÞ PECB 2030
```
```
Where CEU is a correction factor, Target is the level of national-specific ambition and FECB2030 PECB2030 is the 2020
EU Reference Scenario used as a baseline for 2030.
```
2. The following indicative formula represents the objective criteria reflecting the factors listed in Article 4(3), points (d)
    (i) to (iv), each used for defining the level of national-specific ambition in % (Target) and having the same weight in
    the formula (0,25):

```
(a) early action dependent contribution (‘Fearly-action’);
```
```
(b) GDP-per-capita dependent contribution (‘Fwealth’);
```
```
(c) energy intensity dependent contribution (‘Fintensity’);
```
```
(d) cost-effective energy savings potential contribution (‘Fpotential’).
```
3. Fearly-action shall be calculated for each Member State as the product of its amount of energy savings and the
    improvement in the energy intensity that each Member State achieved. The amount of energy savings for each
    Member State shall be calculated on the basis of the reduction of energy consumption (in toe) to the Union’s
    reduction of energy consumption between the three-year average for the period 2007-2009 and the three-year
    average for the period 2017-2019. The improvement in the energy intensity for each Member State shall be
    calculated on the basis of the reduction of energy intensity (in toe/EUR) to the Union’s reduction of energy intensity
    between the three-year average for the period 2007-2009 and the three-year average for the period 2017-2019.
4. Fwealth shall be calculated for each Member State on the basis of its three-year average Eurostat's real GDP per capita
    index to the Union’s three-year average over the 2017-2019 period, expressed in Purchasing power parities (PPPs).
5. Fintensity shall be calculated for each Member State on the basis of its three-year average final energy intensity (FEC or
    PEC per real GDP in PPPs) index to the Union’s three-year average over 2017-2019 period.
6. Fpotential shall be calculated for each Member State on the basis of the final or primary energy savings under the
    PRIMES MIX 55 % scenario for 2030. The savings are expressed in relation to 2020 EU Reference Scenario
    projections for 2030.
7. For each criteria provided in point 2(a) to (d), a lower and upper limit shall be applied. The level of ambition for
    factors Fwealth Fintensity and Fpotential shall be capped at 50 % and 150 % of the Union average level of ambition under a
    given factor. The level of ambition for factor Fearly-action shall be capped at 50 % and 100 % of the Union average level
    of ambition.
8. The source of the input data used to calculate the factors is Eurostat unless stated otherwise.

L 231/76 EN Official Journal of the European Union 20.9.2023


9. Ftotal shall be calculated as the weighted sum of all four factors (Fearly-action. Fwealth Fintensity and Fpotential). The target shall
    be then calculated as the product of the total factor Ftotal and the Union target.
10. The Commission shall calculate a primary and final energy correction factor CEU, which shall be applied to adjust the
    sum of the formula results for all national contributions to the respective Union targets in 2030. The factor CEU is
    identical for all Member States.

20.9.2023 EN Official Journal of the European Union L 231/77


```
ANNEX II
```
```
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.
```
```
(1) Electricity production from cogeneration shall be considered equal to total annual electricity production of the unit
measured at the outlet of the main generators if the following conditions are met:
```
```
(a) in cogeneration units of types (2), (4), (5), (6), (7) and (8) as referred to in Part II with an annual overall efficiency set
by Member States at a level of at least 75 %;
```
```
(b) in cogeneration units of types (1) and (3) as referred to in Part II with an annual overall efficiency set by Member
States at a level of at least 80 %.
```
```
(2) In cogeneration units with an annual overall efficiency below the value referred to in point (1)(a), namely the
cogeneration units of types (2), (4), (5), (6), (7), and (8) as referred to in Part II, or with an annual overall efficiency
below the value referred to in point (1)(b), namely the cogeneration units of types (1) and (3) as referred to in Part II,
electricity from cogeneration is calculated according to the following formula:
```
### ECHP=HCHP*C

```
where:
```
```
ECHP is the amount of electricity from cogeneration;
```
```
C is the power-to-heat ratio;
```
```
HCHP 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 shall 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 (1), (2), (3), (4) and (5) as 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 with heat recovery 0,95
```
```
Steam back pressure turbine 0,45
```
```
Steam condensing extraction turbine 0,45
```
```
Gas turbine with heat recovery 0,55
```
```
Internal combustion engine 0,75
```
```
If Member States introduce default values for power-to-heat ratios for units of types (6), (7), (8), (9), (10) and (11) as
referred to in Part II, such default values shall be published and shall be notified to the Commission.
```
```
(3) If a share of the energy content of the fuel input to the cogeneration process is recovered in chemicals and recycled, that
share can be subtracted from the fuel input before calculating the overall efficiency used in points (1) and (2).
```
L 231/78 EN Official Journal of the European Union 20.9.2023


```
(4) 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.
(5) Member States may use reporting periods other than annual reporting periods for the purpose of the calculations in
accordance with points (1) and (2).
```
```
Part II
```
```
Cogeneration technologies covered by this Directive
(1) Combined cycle gas turbine with heat recovery
(2) Steam back pressure turbine
(3) Steam condensing extraction turbine
(4) Gas turbine with heat recovery
(5) Internal combustion engine
(6) Microturbines
(7) Stirling engines
(8) Fuel cells
(9) Steam engines
(10) Organic Rankine cycles
(11) Any other type of technology or combination comprising cogeneration.
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(^1 ).
```
```
(^1 ) 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 (OJ L 338, 17.12.2008, p. 55).
```
20.9.2023 EN Official Journal of the European Union L 231/79


```
ANNEX III
```
```
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 in accordance with
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;
```
```
— for cogeneration units that are built or substantially refurbished after the transposition of this Annex, direct emissions
of the carbon dioxide from cogeneration production that is fuelled with fossil fuels, are less than 270 gCO 2 per 1 kWh
of energy output from the combined generation (including heating/cooling, power and mechanical energy);
```
```
— cogeneration units in operation before 10 October 2023, may derogate from this requirement until 1 January 2034
provided that they have a plan to reduce progressively the emissions to meet the threshold of less than 270 gCO 2 per 1
kWh by 1 January 2034and that they have notified this plan to relevant operators and competent authorities.
```
```
When a cogeneration unit is built or substantially refurbished, Member States shall ensure that there is no increase in the
use of fossil fuels other than natural gas in existing heat sources compared to the annual consumption averaged over the
previous three calendar years of full operation before refurbishment, and that any new heat sources in that system do not
use fossil fuels other than natural gas.
```
```
(b) Calculation of primary energy savings
```
```
The amount of primary energy savings provided by cogeneration production defined in accordance with Annex II 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 26(13).
```
```
Ref Eη is the efficiency reference value for separate electricity production.
```
L 231/80 EN Official Journal of the European Union 20.9.2023


```
(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 II to exclude the non-cogenerated heat and electricity parts of the same process.
Such a production can be regarded as high-efficiency cogeneration provided that it fulfils the efficiency criteria set out 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 II.
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 means 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 means 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 26(13).
Member States may use reporting periods other than annual reporting periods for the purpose of the calculations in
accordance with points (b) and (c) of this Annex.
For micro-cogeneration units the calculation of primary energy savings may be based on certified data.
```
```
(d) 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 shall be based on a well-documented analysis taking into account, inter alia,
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:
(i) for cogeneration units the comparison with separate electricity production shall be based on the principle that the
same fuel categories are compared;
(ii) 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;
(iii) the efficiency reference values for cogeneration units older than 10 years shall be fixed on the reference values of units
of 10 years;
(iv) the efficiency reference values for separate electricity production and heat production shall reflect the climatic
differences between Member States.
```
20.9.2023 EN Official Journal of the European Union L 231/81


```
ANNEX IV
```
```
ENERGY EFFICIENCY REQUIREMENTS FOR PUBLIC PROCUREMENT
```
```
In award procedures for public contracts and concessions, contracting authorities and contracting entities that purchase
products, services, buildings and works, shall:
(a) where a product is covered by a delegated act adopted under Regulation (EU) 2017/1369, Directive 2010/30/EU or by
a related Commission implementing act, purchase only the products that comply with the criterion laid down in
Article 7(2) of that Regulation;
(b) where a product not covered under point (a) is covered by an implementing measure under Directive 2009/125/EC,
purchase only products that comply with energy efficiency benchmarks specified in that implementing measure;
(c) where a product or a service is covered by the Union green public procurement criteria or available equivalent national
criteria, with relevance to energy efficiency of the product or service, make best efforts to purchase only products and
services that respect at least the technical specifications set at ‘core’ level in the relevant Union green public
procurement criteria or available equivalent national criteria including among others for data centres, server rooms
and cloud services, road lighting and traffic signals, computers, monitors tablets and smartphones;
(d) purchase only tyres that comply with the criterion of having the highest fuel energy efficiency class, as defined in
Regulation (EU) 2020/740, which 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 points (a), (b) and (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, buildings that comply at least with nearly zero-energy level, without
prejudice to Article 6 of this Directive, 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 the 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 historic merit.
```
```
Compliance with the requirements laid down in point (f) of this Annex shall be verified by means of the energy
performance certificates referred to in Article 11 of Directive 2010/31/EU.
```
L 231/82 EN Official Journal of the European Union 20.9.2023


```
ANNEX V
```
```
COMMON METHODS AND PRINCIPLES FOR CALCULATING THE IMPACT OF ENERGY EFFICIENCY OBLIGATION
SCHEMES OR OTHER POLICY MEASURES UNDER ARTICLES 8, 9 AND 10 AND ARTICLE 30(14)
```
1. Methods for calculating energy savings other than those arising from taxation measures for the purposes of Articles 8,
    9 and 10 and Article 30(14).

```
Obligated, participating or entrusted parties, or implementing public authorities, may use 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, are 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 be used only where
establishing robust measured data for a specific installation is difficult or disproportionately expensive, for
example replacing a compressor or electric motor with a different kWh rating from that for which independent
information about savings has been measured, or where those estimates are carried out on the basis of nationally
established methodologies and benchmarks by qualified or accredited experts that are independent of the
obligated, participating or entrusted parties involved;
```
```
(d) when calculating the energy savings for the purpose of Article 8(3) that can be counted to fulfil the obligation in
that Article, Member States may estimate the energy savings of people affected by energy poverty, vulnerable
customers, people in low-income households and, where applicable, people living in social housing on the basis
of engineering estimates using standardised occupancy and thermal comfort conditions or parameters, such as
parameters defined in national building regulations. The way comfort is considered for actions in buildings
should be reported by the Member States to the Commission together with explanations of their
calculation methodology.
```
```
(e) surveyed savings, where consumers’ response to advice, information campaigns, labelling or certification schemes
or smart metering is determined. This approach shall be used only for savings resulting from changes in consumer
behaviour. It shall not be used for savings resulting from the installation of physical measures.
```
2. In determining the energy savings for an energy efficiency measure for the purposes of Articles 8, 9 and 10 and
    Article 30(14), the following principles apply:

```
(a) Member States shall demonstrate that one of the objectives of the policy measure, whether new or existing, is the
achievement of end-use energy savings pursuant to Article 8(1) and shall provide evidence and their
documentation showing that the energy savings are caused by a policy measure, including voluntary agreements;
```
```
(b) the savings shall be shown to be additional to those that would have occurred in any event without the activity of
the obligated, participating or entrusted parties, or implementing public authorities. To determine the savings
that can be claimed as additional, Member States shall have regard to how energy use and demand would evolve
in the absence of the policy measure in question by taking into account at least the following factors: energy
consumption trends, changes in consumer behaviour, technological progress and changes caused by other
measures implemented at Union and national level;
```
20.9.2023 EN Official Journal of the European Union L 231/83


```
(c) savings resulting from the implementation of mandatory Union law shall be considered to be savings that would
have occurred in any event, and thus shall not be claimed as energy savings for the purpose of Article 8(1). By
way of derogation from that requirement, savings related to the renovation of existing buildings, including the
savings resulting from the implementation of minimum energy performance standards in buildings in
accordance with Directive 2010/31/EU, may be claimed as energy savings for the purpose of Article 8(1),
provided that the materiality criterion referred to in point 3(h) of this Annex is ensured. Measures promoting
energy efficiency improvements in the public sector pursuant to Article 5 and Article 6 may be eligible to be
taken into account for the fulfilment of energy savings required under Article 8(1), provided that they result in
verifiable and measurable or estimable end-use energy savings. The calculation of energy savings shall comply
with this Annex;
```
```
(d) end-use energy savings resulting from the implementation of energy efficiency improvement measures taken
pursuant to emergency regulations under Article 122 TFEU may be claimed for the purpose of Article 8(1),
provided that they result in verifiable and measurable or estimable end-use energy savings, with the exception of
those energy savings resulting from rationing or curtailment measures;
```
```
(e) measures taken pursuant to Regulation (EU) 2018/842 can be considered material, but Member States have to
show that they result in verifiable and measurable or estimable end-use energy savings. The calculation of energy
savings shall comply with this Annex;
```
```
(f) Member States shall count only end use energy savings from policy measures in sectors or installations covered
by Chapter IVa of Directive 2003/87/EC if they result from the implementation of Article 9 or 10 of this
Directive and which go beyond the requirements laid down in Directive 2003/87/EC or beyond the
implementation of actions linked to the allocation of free allowances under that Directive. Member States shall
demonstrate that the policy measures result in verifiable and measurable or estimable end-use energy savings.
The calculation of energy savings shall comply with this Annex. If an entity is an obligated party under a
national energy efficiency obligation scheme under Article 9 of this Directive and under the EU ETS for
buildings and road transport under Chapter IVa of Directive 2003/87/EC, the monitoring and verification
system shall ensure that the carbon price passed through when releasing fuel for consumption under that
Chapter is taken into account when calculating and reporting the energy savings of its energy saving measures;
```
```
(g) credit may be given, provided that it is only 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 (EU) 2019/631 of the European Parliament and of the Council(^1 ); Member
States must provide reasons, their assumptions and their calculation methodology to show additionality to
the Union’s new vehicle CO 2 requirements;
```
```
(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. Member States shall provide
evidence, their assumptions and their calculation methodology to show additionality;
```
```
(h) policies with the purpose of encouraging higher levels of energy efficiency of products, equipment, transport
systems, vehicles and fuels, buildings and building elements, processes or markets shall be permitted, except for
policy measures:
```
```
(i) regarding the use of direct combustion of fossil fuel technologies that are newly implemented as from
1 January 2026; and
```
```
(ii) subsidising the use of direct combustion of fossil fuel technologies in residential buildings as from 1 January
2026.
```
```
(^1 ) Regulation (EU) 2019/631 of the European Parliament and of the Council of 17 April 2019 setting CO 2 emission performance
standards for new passenger cars and for new light commercial vehicles, and repealing Regulations (EC) No 443/2009 and (EU)
No 510/2011 (OJ L 111, 25.4.2019, p. 13).
```
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```
(i) energy savings as a result of policy measures newly implemented as from 1 January 2024regarding the use of
direct fossil fuel combustion in products, equipment, transport systems, vehicles, buildings or works shall not
count towards the fulfilment of energy savings obligation pursuant to Article 8(1)(b). In the case of policy
measures promoting combinations of technologies, the share of energy savings related to the fossil fuel
combustion technology are not eligible as from 1 January 2024.
```
```
(j) by way of derogation from point (i), for the period 1 January 2024to 31 December 2030, energy savings from
direct fossil fuel combustion technologies improving the energy efficiency in energy intense enterprises in the
industry sector may be counted as energy savings only for the purpose of Article 8(1), points (b) and (c), until
31 December 2030, provided that:
```
```
(i) the enterprise has carried out an energy audit pursuant to Article 11(2) and an implementation plan
including:
```
```
— an overview of all cost-effective energy efficiency measures with a payback period of five years or less,
on the basis of simple pay-back period methodologies provided by the Member State,
```
```
— a timeframe for the implementation of all recommended energy efficiency measures with a payback
period of five years or fewer,
```
```
— a calculation of expected energy savings resulting from the energy efficiency measures recommended,
and
```
```
— energy efficiency measures related to the use of direct fossil fuel combustion technologies with the
relevant information needed for:
```
```
— proving that the measure identified does not increase the amount of energy needed or the capacity
of an installation,
```
```
— justifying that the uptake of sustainable, non-fossil fuel technologies is technically not feasible,
```
```
— showing that the direct fossil fuel combustion technology complies with the most up-to-date
corresponding Union emission performance legislation and prevents technology lock-in effects by
ensuring future compatibility with climate-neutral alternative non-fossil fuels and technologies.
```
```
(ii) the continuation of the use of direct fossil fuel technologies is an energy efficiency measure to decrease
energy consumption with a payback period of five years or less, on the basis of simple pay-back period
methodologies provided by the Member State, recommended as result of an energy audit pursuant to
Article 11(2) and included in the implementation plan;
```
```
(iii) the use of direct fossil fuel technologies complies with the most up-to-date corresponding Union emission
performance legislation, does not lead to technology lock-in effects and ensures future compatibility with
climate-neutral alternative fuels and technologies;
```
```
(iv) the use of direct fossil fuel technologies in the enterprise does not lead to an increased energy consumption
or increase the capacity of the installation in that enterprise;
```
```
(v) evidence is provided that no alternative, sustainable non-fossil fuel solution was technically feasible;
```
```
(vi) the use of direct fossil fuel technologies result in verifiable and measurable or estimable end-use energy
savings calculated in accordance with this Annex;
```
```
(vii) evidence is published on a website or is made publicly available for all interested citizens;
```
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```
(k) measures promoting the installation of small-scale renewable energy technologies on or in buildings may be
eligible to be taken into account for the fulfilment of energy savings required under Article 8(1), provided that
they result in verifiable and measurable or estimable end-use energy savings. The calculation of energy savings
shall comply with this Annex;
```
```
(l) measures promoting the installation of solar thermal technologies may be eligible to be taken into account for
the fulfilment of energy savings required under Article 8(1) provided that they result in verifiable and
measurable or estimable end-use energy savings. The heat produced by solar thermal technologies from solar
radiation can be excluded from their end-use energy consumption;
```
```
(m) for policies that accelerate the uptake of more efficient products and vehicles, except those newly implemented as
from 1 January 2024regarding the use of direct fossil fuel combustion, full credit may be claimed, provided that
it is shown that such uptake takes place before the expiry of the average expected lifetime of the product or
vehicle, or before the product or vehicle would usually be replaced, and the savings are claimed only for the
period until the end of the average expected lifetime of the product or vehicle to be replaced;
```
```
(n) in promoting the uptake of energy efficiency measures, Member States shall, where relevant, ensure that quality
standards for products, services and installation of measures are maintained or introduced where such standards
do not exist;
```
```
(o) 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 temperature variations between regions;
```
```
(p) the calculation of energy savings shall take into account the lifetime of the measures and the rate at which the
savings decline over time. That calculation shall count the savings each individual action will achieve during the
period from its date of implementation to the end of each obligation period. Alternatively, Member States may
adopt another method that is estimated to achieve at least the same total quantity of savings. When using
another method, Member States shall ensure that the total amount of energy savings calculated using that
method 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 during the period from its date of implementation to
```
2030. Member States shall describe in detail in their integrated national energy and climate plans notified
pursuant to Article 3 and Articles 7 to 12 of Regulation (EU) 2018/1999 that other method and the provisions
made to ensure that the binding calculation requirement is met.
3. Member States shall ensure that the following requirements for policy measures taken pursuant to Article 10 and
Article 30(14) are met:

```
(a) policy measures and individual actions produce verifiable end-use energy savings;
```
```
(b) the responsibility of each participating party, entrusted party or implementing public authority, as relevant, is
clearly defined;
```
```
(c) the energy savings that are achieved or are to be achieved are determined in a transparent manner;
```
```
(d) the amount of energy savings required or to be achieved by the policy measure is expressed in either primary
energy consumption or final energy consumption, using the net calorific values or primary energy factors
referred to in Article 31;
```
```
(e) an annual report on the energy savings achieved by entrusted parties, participating parties and implementing
public authorities be provided and made publicly available, as well as data on the annual trend of energy savings;
```
```
(f) monitoring of the results and taking appropriate measures if progress is not satisfactory;
```
```
(g) the energy savings from an individual action are not claimed by more than one party;
```
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```
(h) the activities of the participating party, entrusted party or implementing public authority are shown to be material
to the achievement of the energy savings claimed;
```
```
(i) the activities of the participating party, entrusted party or implementing public authority have no adverse effects
on people affected by energy poverty, vulnerable customers and, where applicable, people living in social housing.
```
4. In determining the energy savings from taxation-related policy measures introduced under Article 10, the following
    principles shall apply:

```
(a) credit shall be given only for energy savings from taxation measures exceeding the minimum levels of taxation
applicable to fuels as required in Council Directive 2003/96/EC(^2 ) or 2006/112/EC(^3 );
```
```
(b) short-run price elasticities for the calculation of the impact of the energy taxation measures shall represent the
responsiveness of energy demand to price changes, and shall be estimated on the basis of recent and
representative official data sources, which are applicable for the Member State, and, where applicable, on the
basis of accompanying studies from an independent institute. If a different price elasticity than short-run
elasticities is used, Member States shall explain how energy efficiency improvements due to the implementation
of other Union legislation have been included in the baseline used to estimate the energy savings, or how a
double-counting of energy savings from other Union legislation has been avoided;
```
```
(c) the energy savings from accompanying taxation policy instruments, including fiscal incentives or payment to a
fund, shall be accounted separately;
```
```
(d) short-run elasticity estimates should be used to assess the energy savings from taxation measures to avoid overlap
with Union law and other policy measures;
```
```
(e) Member States shall determine distributional effects of taxation and equivalent measures on people affected by
energy poverty, vulnerable customers and, where applicable, people living in social housing, and show the effects
of the mitigation measures implemented in accordance with Article 24(1), (2) and (3);
```
```
(f) Member States shall provide evidence, including calculation methodologies, that where there is an overlap in the
impact of energy or carbon taxation measures or emissions trading in accordance with Directive 2003/87/EC,
there is no double counting of energy savings.
```
5. Notification of methodology

```
Member States shall, in accordance with Regulation (EU) 2018/1999, notify to the Commission their proposed
detailed methodology for the operation of the energy efficiency obligation schemes and alternative measures referred
to in Articles 9 and 10, and Article 30(14) of this Directive. Except in the case of taxation, such notification shall
include information on:
```
```
(a) the level of the energy savings required under Article 8(1), first subparagraph, or savings expected to be achieved
over the whole period from 1 January 2021to 31 December 2030;
```
```
(b) how the calculated quantity of new energy savings required under Article 8(1), first subparagraph, or energy
savings expected to be achieved will be phased over the obligation period;
```
```
(c) the obligated, participating or entrusted parties, or implementing public authorities;
```
```
(d) target sectors;
```
```
(e) policy measures and individual actions, including the expected total amount of cumulative energy savings for
each measure;
```
```
(^2 ) Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and
electricity (OJ L 283, 31.10.2003, p. 51).
(^3 ) Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ L 347, 11.12.2006, p. 1).
```
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```
(f) policy measures or programmes or measures financed under a national energy efficiency fund implemented as a
priority among people affected by energy poverty, vulnerable customers and, where applicable, people living in
social housing;
(g) the share and the amount of energy savings to be achieved among people affected by energy poverty, vulnerable
customers and, where applicable, people living in social housing;
(h) where applicable, the indicators applied, the arithmetic average share and the outcome of policy measures
established pursuant to Article 8(3);
(i) where applicable, impacts and adverse effects of policy measures implemented pursuant to Article 8(3) on people
affected by energy poverty, vulnerable customers and, where applicable, people living in social housing;
(j) the duration of the obligation period for the energy efficiency obligation scheme;
(k) where applicable, the amount of energy savings or cost reduction targets to be achieved by obligated parties
among people affected by energy poverty, vulnerable customers and, where applicable, people living in social
housing;
(l) the actions provided for by the policy measure;
(m) the calculation methodology, including how additionality and materiality have been determined and which
methodologies and benchmarks are used for deemed and scaled savings, and, where applicable, the net calorific
values and conversion factors used;
(n) the lifetimes of measures, and how they are calculated or what they are based upon;
(o) the approach taken to address climatic variations within the Member State;
(p) the monitoring and verification systems for measures under Articles 9 and 10 and how their independence from
the obligated, participating or entrusted parties is ensured;
(q) in the case of taxation:
(i) the target sectors and segment of taxpayers;
(ii) the implementing public authority;
(iii) the savings expected to be achieved;
(iv) the duration of the taxation measure;
(v) the calculation methodology, including the price elasticities used and how they have been established and
(vi) how overlaps with EU ETS in accordance with Directive 2003/87/EC have been avoided and the risk of
double counting has been abolished.
```
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```
ANNEX VI
```
```
MINIMUM CRITERIA FOR ENERGY AUDITS INCLUDING THOSE CARRIED OUT AS PART OF ENERGY MANAGEMENT
SYSTEMS
```
```
The energy audits referred to in Article 11 shall:
(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 operations
or installations, including transportation;
(c) identify energy efficiency measures to decrease energy consumption;
(d) identify the potential for cost-effective use or production of renewable energy;
(e) build, whenever possible, on life-cycle cost analysis instead of simple payback periods in order to take account of long-
term savings, residual values of long-term investments and discount rates;
(f) 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 MONITORING AND PUBLISHING THE ENERGY PERFORMANCE OF DATA CENTRES
```
```
The following minimum information shall be monitored and published with regard to the energy performance of data
centres referred to in Article 12:
(a) the name of the data centre, the name of the owner and operators of the data centre, the date on which the data centre
started its operations and the municipality where the data centre is based;
(b) the floor area of the data centre, the installed power, the annual incoming and outgoing data traffic, and the amount of
data stored and processed within the data centre;
(c) the performance, during the last full calendar year, of the data centre in accordance with key performance indicators
about, inter alia, energy consumption, power utilisation, temperature set points, waste heat utilisation, water usage and
use of renewable energy, using as a basis, where applicable, the CEN/CENELEC EN 50600-4 ‘Information technology –
Data centre facilities and infrastructures’, until the entry into force of the delegated act adopted pursuant to
Article 33(3).
```
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```
ANNEX VIII
```
```
MINIMUM REQUIREMENTS FOR BILLING AND BILLING INFORMATION BASED ON ACTUAL CONSUMPTION OF
NATURAL GAS
```
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 on a quarterly basis, on request
or where the consumers have opted to receive electronic billing or else twice a year. Gas used only for cooking purposes
may be exempt 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 those appliances.
```
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```
ANNEX IX
```
```
MINIMUM REQUIREMENTS FOR BILLING AND CONSUMPTION INFORMATION FOR HEATING, COOLING AND
DOMESTIC HOT WATER
```
1. Billing based on actual consumption or heat cost allocator readings
In order to enable final users to regulate their own energy consumption, billing shall take place on the basis of actual
consumption or heat cost allocator readings at least once per year.
2. Minimum frequency of billing or consumption information
Until 31 December 2021, where remotely readable meters or heat cost allocators have been installed, billing or
consumption information based on actual consumption or heat cost allocator readings shall be provided to final users at
least on a quarterly basis upon request or where final customers have opted to receive electronic billing, or else twice a year.
From 1 January 2022, where remotely readable meters or heat cost allocators have been installed, billing or consumption
information based on actual consumption or heat cost allocator readings shall be provided to final users at least on a
monthly basis. It may also be made available via the internet and be updated as frequently as allowed by the measurement
devices and systems used. Heating and cooling may be exempted from that requirement outside the heating or cooling
seasons.
3. Minimum information contained in the bill
Member States shall ensure that the following information is made available to final users in clear and comprehensible
terms in or with their bills where those are based on actual consumption or heat cost allocator readings:
(a) current actual prices and actual consumption of energy or total heat cost and heat cost allocator readings;
(b) the fuel mix used and the related annual GHG emissions, including for final users supplied by district heating or district
    cooling, and a description of the different taxes, levies and tariffs applied;
(c) comparisons of the final users’ current energy consumption with consumption for the same period in the previous
    year, in graphic form and climate corrected for heating and cooling;
(d) contact information for final customers’ organisations, energy agencies or similar bodies, including website addresses,
    from which information on available energy efficiency improvement measures, comparative end-user profiles and
    objective technical specifications for energy-using equipment may be obtained;
(e) information about related complaints procedures, ombudsman services or alternative dispute resolution mechanisms,
    as applicable in the Member States;
(f) comparisons with an average normalised or benchmarked final user in the same user category. In the case of electronic
    bills, such comparisons may instead be made available online and signposted to within the bills.
Member States may limit the scope of the requirement to provide information about GHG emissions pursuant to point (b)
of the first subparagraph to include only supplies from district heating systems with a total rated thermal input
exceeding 20 MW.
Bills that are not based on actual consumption or heat cost allocator readings shall contain a clear and comprehensible
explanation of how the amount set out in the bill was calculated, and at least the information referred to in points (d)
and (e).

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```
ANNEX X
```
```
POTENTIAL FOR EFFICIENCY IN HEATING AND COOLING
```
```
The comprehensive assessment of national heating and cooling potentials referred to in Article 25(1) shall include and shall
be based on the following:
```
```
Part I
```
### OVERVIEW OF HEATING AND COOLING

1. heating and cooling demand in terms of assessed useful energy(^1 ) and quantified final energy consumption in GWh
    per year(^2 ) by sector:

```
(a) residential;
```
```
(b) services;
```
```
(c) industry;
```
```
(d) any other sector that individually consumes more than 5 % of total national useful heating and cooling demand;
```
2. the identification, or, in the case of point (a)(i), the identification or estimation, of current heating and cooling supply:

```
(a) by technology, in GWh per year(^3 ), within the sectors referred to in point 1 where possible, distinguishing
between energy derived from fossil and renewable sources:
```
```
(i) provided on-site in residential and service sites by:
```
```
— heat only boilers;
```
```
— high-efficiency heat and power cogeneration;
```
```
— heat pumps;
```
```
— other on-site technologies and sources;
```
```
(ii) provided on-site in non-service and non-residential sites by:
```
```
— heat only boilers;
```
```
— high-efficiency heat and power cogeneration;
```
```
— heat pumps;
```
```
— other on-site technologies and sources;
```
```
(iii) provided off-site by:
```
```
— high-efficiency heat and power cogeneration;
```
```
— waste heat;
```
```
— other off-site technologies and sources;
```
```
(b) the identification of installations that generate waste heat or cold and their potential heating or cooling supply, in
GWh per year:
```
```
(i) thermal power generation installations that can supply or can be retrofitted to supply waste heat with a total
thermal input exceeding 50 MW;
```
```
(ii) heat and power cogeneration installations using technologies referred to in Part II of Annex II with a total
thermal input exceeding 20 MW;
```
```
(iii) waste incineration plants;
```
```
(^1 ) The amount of thermal energy needed to satisfy the heating and cooling demand of end-users.
(^2 ) The most recent data available should be used.
(^3 ) The most recent data available should be used.
```
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```
(iv) renewable energy installations with a total thermal input exceeding 20 MW other than the installations
specified under points (i) and (ii) generating heating or cooling using the energy from renewable sources;
```
```
(v) industrial installations with a total thermal input exceeding 20 MW which can provide waste heat;
```
```
(c) reported share of energy from renewable sources and from waste heat or cold in the final energy consumption of
the district heating and cooling(^4 ) sector over the past 5 years, in accordance with Directive (EU) 2018/2001;
```
3. aggregated data on cogeneration units in existing district heating and cooling networks in five capacity ranges
    covering:

```
(a) primary energy consumption;
```
```
(b) overall efficiency;
```
```
(c) primary energy savings;
```
```
(d) CO 2 emission factors;
```
4. aggregated data on existing district heating and cooling networks supplied from cogeneration in five capacity ranges
    covering:

```
(a) overall primary energy consumption;
```
```
(b) primary energy consumption of cogeneration units;
```
```
(c) share of cogeneration in district heating or cooling supply;
```
```
(d) district heating system losses;
```
```
(e) district cooling system losses;
```
```
(f) connection density;
```
```
(g) shares of systems per different operating temperature groups;
```
5. a map covering the entire national territory, which, while preserving commercially sensitive information, identifies:

```
(a) heating and cooling demand areas following from the analysis of point 1, while using consistent criteria for
focusing on energy dense areas in municipalities and conurbations;
```
```
(b) existing heating and cooling supply points identified under point 2(b) and district heating transmission
installations;
```
```
(c) planned heating and cooling supply points of the type described under point 2(b) and identified new areas for the
district heating and cooling;
```
6. a forecast of trends in the demand for heating and cooling to maintain a perspective of the next 30 years in GWh and
    taking into account, in particular, projections for the next 10 years, the change in demand in buildings and different
    sectors of the industry, and the impact of policies and strategies related to the demand management, such as long-
    term building renovation strategies under Directive (EU) 2018/844 of the European Parliament and of the Council(^5 );

```
(^4 ) The identification of ‘renewable cooling’ shall, after the methodology for calculating the quantity of renewable energy used for cooling
and district cooling is established in accordance with Article 35 of Directive (EU) 2018/2001, be carried out in accordance with that
Directive. Until then it shall be carried out according to an appropriate national methodology.
(^5 ) Directive (EU) 2018/844 of the European Parliament and of the Council of 30 May 2018 amending Directive 2010/31/EU on the
energy performance of buildings and Directive 2012/27/EU on energy efficiency (OJ L 156, 19.6.2018, p. 75).
```
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```
Part II
```
### OBJECTIVES, STRATEGIES AND POLICY MEASURES

7. planned contribution of the Member State to its national objectives, targets and contributions for the five dimensions
    of the Energy Union, as laid out in Article 3(2), point (b), of Regulation (EU) 2018/1999, delivered through efficiency
    in heating and cooling, in particular related to Article 4, point (b), points 1 to 4 and to Article 15 (4), point (b) of that
    Regulation, identifying which of those elements is additional compared to the integrated national energy and climate
    plan notified pursuant to Article 3 and Articles 7 to 12 of that Regulation;
8. a general overview of the existing policies and measures as described in the most recent report submitted in
    accordance with Articles 3, 20 and 21 and Article 27(a) of Regulation (EU) 2018/1999;

```
Part III
```
### ANALYSIS OF THE ECONOMIC POTENTIAL FOR EFFICIENCY IN HEATING AND COOLING

9. an analysis of the economic potential(^6 ) of different technologies for heating and cooling shall be carried out for the
    entire national territory by using the cost-benefit analysis referred to in Article 25(3) and shall identify alternative
    scenarios for more efficient and renewable heating and cooling technologies, distinguishing between energy derived
    from fossil and renewable sources where applicable.

```
The following technologies should be considered:
```
```
(a) industrial waste heat and cold;
```
```
(b) waste incineration;
```
```
(c) high efficiency cogeneration;
```
```
(d) renewable energy sources, such as geothermal, solar thermal and biomass, other than those used for high
efficiency cogeneration;
```
```
(e) heat pumps;
```
```
(f) reducing heat and cold losses from existing district networks;
```
```
(g) district heating and cooling;
```
10. the analysis of economic potential shall include the following steps and considerations:

```
(a) Considerations:
```
```
(i) the cost-benefit analysis for the purposes of Article 25(3) shall include an economic analysis that takes into
consideration socioeconomic and environmental factors(^7 ), and a financial analysis performed to assess
projects from the investors’ point of view, both economic and financial analyses using the net present value
as a criterion for the assessment;
```
```
(ii) the baseline scenario should serve as a reference point and take into account existing policies at the time of
compiling this comprehensive assessment(^8 ), and be linked to data collected under Part I and Part II, point 6
of this Annex;
```
```
(^6 ) The analysis of the economic potential should present the volume of energy (in GWh) that can be generated per year by each
technology analysed. The limitations and interrelations within the energy system should also be taken into account. The analysis may
make use of models based on assumptions representing the operation of common types of technologies or systems.
(^7 ) Including the assessment referred to in Article 15 (7) of Directive (EU) 2018/2001.
(^8 ) The cut-off date for taking into account policies for the baseline scenario is the end of the year preceding to the year by the end of
which the comprehensive assessment is due. That is to say, policies enacted within a year prior to the deadline for submission of the
comprehensive assessment do not need to be taken into account.
```
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```
(iii) alternative scenarios to the baseline shall take into account energy efficiency and the renewable energy
objectives of Regulation (EU) 2018/1999, each scenario presenting the following elements compared to the
baseline scenario:
```
```
— economic potential of technologies examined using the net present value as criterion;
```
```
— GHG emission reductions;
```
```
— primary energy savings in GWh per year;
```
```
— impact on the share of renewables in the national energy mix.
```
```
Scenarios that are not feasible due to technical reasons, financial reasons or national regulation may be
excluded at an early stage of the cost-benefit analysis, if justified on the basis of careful, explicit and well-
documented considerations.
```
```
The assessment and decision-making should take into account 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.
```
```
(b) Costs and benefits
```
```
The costs and benefits referred to in point (a) shall include at least the following costs and benefits:
```
```
(i) costs:
```
```
— capital costs of plants and equipment;
```
```
— capital costs of the associated energy networks;
```
```
— variable and fixed operating costs;
```
```
— energy costs;
```
```
— environmental, health and safety costs, to the extent possible;
```
```
— labour market costs, energy security and competitiveness, to the extent possible.
```
```
(ii) benefits:
```
```
— value of output to the consumer (heating, cooling and electricity);
```
```
— external benefits such as environmental, greenhouse gas emissions and health and safety benefits, to the
extent possible;
```
```
— labour market effects, energy security and competitiveness, to the extent possible.
```
```
(c) Relevant scenarios to the baseline:
```
```
All relevant scenarios to the baseline shall be considered, including the role of efficient individual heating and
cooling. The cost-benefit analysis may cover either 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
solution against a baseline for a given geographical area for the purpose of planning.
```
```
(d) Boundaries and integrated approach:
```
```
(i) the geographical boundary shall cover a suitable, well-defined geographical area;
```
```
(ii) the cost-benefit analyses shall take into account all relevant centralised or decentralised supply resources
available within the system and geographical boundary, including technologies considered under Part III,
point 9, of this Annex, and heating and cooling demand trends and characteristics.
```
```
(e) Assumptions:
```
```
(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;
```
L 231/96 EN Official Journal of the European Union 20.9.2023


```
(ii) the discount rate used in the economic analysis to calculate net present value shall be chosen according to
European or national guidelines;
(iii) Member States shall use national, European or international energy price development forecasts, if
appropriate, in their national, regional or local context;
(iv) the prices used in the economic analysis shall reflect socio-economic costs and benefits. External costs, such
as environmental and health effects, should be included to the extent possible, namely when a market price
exists or when it is already included in European or national regulation.
(f) Sensitivity analysis: a sensitivity analysis shall be included to assess the costs and benefits of a project or group of
projects and be based on variable factors having a significant impact on the outcome of the calculations, such as
different energy prices, levels of demand, discount rates and other.
```
```
Part IV
```
```
POTENTIAL NEW STRATEGIES AND POLICY MEASURES
```
11. an overview of new legislative and non-legislative policy measures(^9 ) to realise the economic potential identified in
    accordance with points 9 and 10, together with a forecast of:
    (a) greenhouse gas emission reductions;
    (b) primary energy savings in GWh per year;
    (c) impact on the share of high-efficiency cogeneration;
    (d) impact on the share of renewables in the national energy mix and in the heating and cooling sector;
    (e) links to national financial programming and cost savings for the public budget and market participants;
    (f) estimated public support measures, if any, with their annual budget and identification of the potential aid element.

```
(^9 ) This overview shall include financing measures and programmes that may be adopted over the period of the comprehensive
assessment, not prejudging a separate notification of the public support schemes for a State aid assessment.
```
20.9.2023 EN Official Journal of the European Union L 231/97


```
ANNEX XI
```
```
COST-BENEFIT ANALYSES
```
```
Cost-benefit analyses shall provide information for the purpose of the measures referred to in Article 25(3) and
Article 26(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 or
district heating and cooling networks, or both.
```
```
Within a given geographical boundary the assessment shall take into account the planned installation and any appropriate
existing or potential heat or cooling demand points that could be supplied from it, taking into account rational possibilities,
for example, technical feasibility and distance.
```
```
The system boundary shall be set to include the planned installation and the heat and cooling 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 or cooling loads shall include existing heat or cooling loads, such as an industrial installation or an existing district
heating or cooling system, and also, in urban areas, the heat or cooling load and costs that would exist if a group of
buildings or part of a city were provided with or connected into a new district heating or cooling network, or both.
```
```
Cost-benefit analyses 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 every
year, location and electricity and thermal demand.
```
```
An assessment of waste heat utilisation shall take into consideration current technologies. The assessment shall take into
consideration the direct use of waste heat or its upgrading to higher temperature levels, or both. In the case of waste heat
recovery on-site, at least the use of heat exchangers, heat pumps, and heat to power technologies shall be assessed. In the
case of waste heat recovery off-site, at least industrial installations, agriculture sites and district heating networks shall be
assessed as potential demand points.
```
```
For the purpose of the comparison, the thermal energy demand and the types of heating and cooling used by the nearby
heat or cooling 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 26(7) 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.
```
L 231/98 EN Official Journal of the European Union 20.9.2023


```
ANNEX XII
```
```
GUARANTEE OF ORIGIN FOR ELECTRICITY PRODUCED FROM HIGH-EFFICIENCY COGENERATION
(1) Member States shall take measures to ensure that:
(a) the guarantee of origin of the electricity produced from high-efficiency cogeneration:
— enables producers to demonstrate that the electricity they sell is produced from high-efficiency cogeneration
and is issued to that effect in response to a request from the producer;
— is accurate, reliable and fraud-resistant;
— is issued, transferred and cancelled electronically;
(b) the same unit of energy from high-efficiency cogeneration is taken into account only once.
(2) The guarantee of origin referred to in Article 26(13) shall contain at least the following information:
(a) the identity, location, type and capacity (thermal and electrical) of the installation where the energy was produced;
(b) the dates and places of production;
(c) the lower calorific value of the fuel source from which the electricity was produced;
(d) the quantity and the use of the heat generated together with the electricity;
(e) the quantity of electricity from high-efficiency cogeneration in accordance with Annex III that the guarantee of
origin represents;
(f) the primary energy savings calculated in accordance with Annex III on the basis of the harmonised efficiency
reference values indicated in Annex III, point (d);
(g) the nominal electric and thermal efficiency of the plant;
(h) whether and to what extent the installation has benefited from investment support;
(i) 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;
(j) the date on which the installation became operational; and
(k) 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.
```
20.9.2023 EN Official Journal of the European Union L 231/99


```
ANNEX XIII
```
```
ENERGY EFFICIENCY CRITERIA FOR ENERGY NETWORK REGULATION AND FOR ELECTRICITY NETWORK TARIFFS
```
1. Network tariffs shall be transparent and non-discriminatory, and shall comply with Article 18 of Regulation
    (EU) 2019/943 and 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,
    including 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, 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 independent aggregators;
       (c) demand reduction from energy efficiency measures undertaken by energy service providers, including ESCOs;
       (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.
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.

L 231/100 EN Official Journal of the European Union 20.9.2023


```
ANNEX XIV
```
```
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, grid reinforcements and the introduction of new grids, 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) of the first paragraph 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.
```
20.9.2023 EN Official Journal of the European Union L 231/101


```
ANNEX XV
```
```
MINIMUM ITEMS TO BE INCLUDED IN ENERGY PERFORMANCE CONTRACTS OR IN THE ASSOCIATED TENDER
SPECIFICATIONS
— Findings and recommendations set out in analyses and energy audits carried out before the contract has been concluded
that cover energy use of the building with a view to implementing energy efficiency improvement measures.
— A 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.
— The duration and milestones of the contract, terms and period of notice.
— A clear and transparent list of the obligations of each contracting party.
— Reference date(s) to establish achieved savings.
— A clear and transparent list of steps to be performed to implement a measure or package of measures and, where
relevant, associated costs.
— An 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.
— A clear and transparent display of the financial implications of the project and the distribution of the share of both
parties in the monetary savings achieved, namely the remuneration of the service provider.
— A 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, namely changing energy prices and the use intensity of an installation.
— Detailed information on the obligations of each contracting party and of the penalties for their breach.
```
L 231/102 EN Official Journal of the European Union 20.9.2023


```
ANNEX XVI
```
```
Part A
```
```
Repealed Directive with list of the successive amendments thereto (referred to in Article 39)
```
```
Directive 2012/27/EU of the European Parliament and of the Council
(OJ L 315, 14.11.2012, p. 1)
```
```
Council Directive 2013/12/EU
(OJ L 141, 28.5.2013, p. 28)
```
```
Directive (EU) 2018/844 of the European Parliament and of the Council
(OJ L 156, 19.6.2018, p. 75)
```
```
only Article 2
```
```
Directive (EU) 2018/2002 of the European Parliament and of the Council
(OJ L 328, 21.12.2018, p. 210)
```
```
Regulation (EU) 2018/1999 of the European Parliament and of the Council
(OJ L 328, 21.12.2018, p. 1)
```
```
only Article 54
```
```
Decision (EU) 2019/504 of the European Parliament and of the Council
(OJ L 85I, 27.3.2019, p. 66)
```
```
only Article 1
```
```
Commission Delegated Regulation (EU) 2019/826
(OJ L 137, 23.5.2019, p. 3)
```
```
Directive (EU) 2019/944 of the European Parliament and of the Council
(OJ L 158, 14.6.2019, p. 125)
```
```
only Article 70
```
```
Part B
```
```
Time-limits for transposition into national law (referred to in Article 39)
```
```
Directive Time-limit for transposition
```
```
2012/27/EU 5 June 2014
```
```
(EU) 2018/844 10 March 2020
```
```
(EU) 2018/2002 25 June 2020, with the exception of points 5 to 10 of Article 1 and points 3 and 4
of the Annex
25 October 2020as regards points 5 to 10 of Article 1 and points 3 and 4 of the
Annex
```
```
(EU) 2019/944 31 December 2019as regards point (5)(a) of Article 70
25 October 2020as regards point (4) of Article 70
31 December 2020as regards points (1) to (3), (5)(b) and (6) of Article 70
```
20.9.2023 EN Official Journal of the European Union L 231/103


```
ANNEX XVII
```
```
Correlation Table
```
```
Directive 2012/27/EU This Directive
```
```
Article 1 Article 1
```
```
Article 2, introductory wording Article 2, introductory wording
```
```
Article 2, point 1 Article 2, point 1
```
- Article 2, points 2, 3 and 4

```
Article 2, point 2 Article 2, point 5
```
```
Article 2, point 3 Article 2, point 6
```
- Article 2, point 7

```
Article 2, point 4 Article 2, point 8
```
```
Article 2, point 5 Article 2, point 9
```
```
Article 2, point 6 Article 2, point 10
```
```
Article 2, point 7 Article 2, point 11
```
```
Article 2, point 8 Article 2, point 12
```
```
Article 2, point 9 -
```
```
Article 2, point 10 Article 2, point 13
```
```
_ Article 2, points 14 and 15
```
```
Article 2, point 11 Article 2, point 16
```
```
Article 2, point 12 Article 2, point 17
```
```
Article 2, point 13 Article 2, point 18
```
```
Article 2, point 14 Article 2, point 19
```
```
Article 2, point 15 Article 2, point 20
```
```
Article 2, point 16 Article 2, point 21
```
```
Article 2, point 17 Article 2, point 22
```
```
Article 2, point 18 Article 2, point 23
```
```
Article 2, point 19 Article 2, point 24
```
```
Article 2, point 20 Article 2, point 25
```
```
Article 2, point 21 Article 2, point 26
```
```
Article 2, point 22 Article 2, point 27
```
```
Article 2, point 23 Article 2, point 28
```
```
Article 2, point 24 Article 2, point 29
```
- Article 2, point 30
- Article 2, point 31

```
Article 2, point 25 Article 2, point 32
```
```
Article 2, point 26 -
```
```
Article 2, point 27 Article 2, point 33
```
```
Article 2, point 28 Article 2, point 34
```
```
Article 2, point 29 Article 2, point 35
```
L 231/104 EN Official Journal of the European Union 20.9.2023


```
Directive 2012/27/EU This Directive
```
```
Article 2, point 30 Article 2, point 36
```
```
Article 2, point 31 Article 2, point 37
```
```
Article 2, point 32 Article 2, point 38
```
```
Article 2, point 33 Article 2, point 39
```
```
Article 2, point 34 Article 2, point 40
```
```
Article 2, point 35 Article 2, point 41
```
```
Article 2, point 36 Article 2, point 42
```
```
Article 2, point 37 Article 2, point 43
```
```
Article 2, point 38 Article 2, point 44
```
```
Article 2, point 39 Article 2, point 45
```
```
Article 2, point 40 -
```
```
Article 2, point 41 Article 2, point 46
```
```
Article 2, point 42 Article 2, point 47
```
```
Article 2, point 43 Article 2, point 48
```
- Article 2, point 49

```
Article 2, point 44 Article 2, point 50
```
```
Article 2, point 45 Article 2, point 51
```
- Article 2, points 52, 53,54, 55 and 56
- Article 3
- Article 4(1)

```
Article 3(1), first subparagraph Article 4(2), first subparagraph
Article 4(2), second subparagraph
```
```
Article 3(1), second subparagraph, introductory wording Article 4(3), first subparagraph, introductory wording
```
```
Article 3(1), second subparagraph, points (a) and (b) Article 4(3), first subparagraph, points (a) and (b)
```
```
Article 3(1), second subparagraph, point (c) -
```
```
Article 3(1), second subparagraph, point (d) Article 4(3), first subparagraph, point (c)
```
```
Article 3(1), third subparagraph, introductory wording -
```
- Article 4(3), first subparagraph, point (d), introductory
    wording
- Article 4(3), first subparagraph, points (d)(i), (ii) and (iii)

```
Article 3(1), third subparagraph, point (a) Article 4(3), first subparagraph, point (d)(iv)
```
- Article 4(3), first subparagraph, point (e), introductory
    wording

```
Article 3(1), third subparagraph, point (b) Article 4(3), first subparagraph, point (e)(i)
```
20.9.2023 EN Official Journal of the European Union L 231/105


```
Directive 2012/27/EU This Directive
```
```
Article 3(1), third subparagraph, point (c) Article 4(3), first subparagraph, point (e)(ii)
```
```
Article 3(1), third subparagraph, point (d) Article 4(3), first subparagraph, point (e)(iii)
```
```
Article 3(1), third subparagraph, point (e) -
```
- Article 4(3), first subparagraph, point (e)(iv)

```
Article 3(2) and (3) -
```
```
Article 3(4) Article 35(6)
```
```
Article 3(5) and (6) -
```
- Article 4(4)
- Article 4(5)

```
Article 4(6)
```
```
Article 4(7)
```
- Article 5

```
Article 5(1), first subparagraph Article 6(1), first subparagraph
```
```
Article 5(1), second subparagraph Article 6(1), fifth subparagraph
```
- Article 6(1), second and third subparagraph

```
Article 5(1), third subparagraph Article 6(1), fourth subparagraph
```
```
Article 5(1), fourth and fifth subparagraph -
```
```
Article 5(2)
```
-

```
Article 6(2)
Article 6(2), second subparagraph
```
```
Article 5(3) Article 6(3)
```
```
Article 5(4) Article 6(4)
```
```
Article 5(5) Article 6(5)
```
```
Article 5(5), first subparagraph, point (b) Article 6(5), second subparagraph, point (c)
```
- Article 6(5), second subparagraph, point (b)

```
Article 5(6) Article 6(6)
```
- Article 6(6), second subparagraph, point (a)

```
Article 5(6), second subparagraph Article 6(6), second subparagraph, point (b)
```
```
Article 5(6), third subparagraph Article 6(6), third subparagraph
```
```
Article 5(7) -
```
```
Article 6(1), first subparagraph Article 7(1), first subparagraph
```
```
Article 6(1), second subparagraph Article 7(1), first subparagraph
```
```
Article 7(1), second subparagraph
```
-

```
Article 6(2), (3) and (4) Article 7(2), (3) and (4)
```
- Article 7(5), (6), (7) and (8)
-

```
Article 7(1), introductory wording, point (a) and (b) Article 8(1), introductory wording, point (a) and (b)
```
L 231/106 EN Official Journal of the European Union 20.9.2023


```
Directive 2012/27/EU This Directive
```
- Article 8(1), point (c)

```
Article 7(1), second subparagraph Article 8(5)
```
```
Article 7(1), third subparagraph Article 8(1), fifth subparagraph
```
```
Article 7(1), fourth subparagraph Article 8(1), fourth subparagraph
```
- Article 8 (3) and (4)

```
Article 7(2) Article 8(6)
```
```
Article 7(3) Article 8(7)
```
```
Article 7(4) Article 8(8)
```
```
Article 7(5) Article 8(9)
```
```
Article 7(6) Article 8(10)
```
```
Article 7(7) -
```
```
Article 7(8) -
```
```
Article 7(9) -
```
```
Article 7(10) Article 8(2)
```
```
Article 7(11) -
```
```
Article 8(11), (12) and (13)
```
```
Article 7(12) Article 8(14)
```
```
Article 7a (1) Article 9(1)
```
```
Article 7a(2) Article 9(3)
```
```
Article 7a(3) Article 9(4)
```
- Article 9(2)
- Article 9(5), (6) and (7)

```
Article 7a (4) and (5) Article 9(8) and (9)
```
- Article 9(10)

```
Article 7a (6) and (7) Article 9(11) and (12)
```
```
Article 7b (1) and (2) Article 10(1) and (2)
```
- Article 10(3) and (4)
- Article 11(1) and (2)
- Article 11(3) and (4)

```
Article 8(1) and (2) Article 11(5), (6) and (7)
```
```
Article 8(3) and (4) -
```
- Article 11(8)

```
Article 8(5) Article 11(9)
```
- Article 11(10)

```
Article 8(6) Artice 11(11)
```
```
Article 8(7) Article 11(12)
```
- Article 12

20.9.2023 EN Official Journal of the European Union L 231/107


```
Directive 2012/27/EU This Directive
```
```
Article 9 Article 13
```
```
Article 9a Article 14
```
```
Article 9b Article 15
```
```
Article 9c Article 16
```
```
Article 10 Article 17
```
```
Article 10a Article 18
```
```
Article 11 Article 19
```
```
Article 12 Article 20
```
- Article 21
- Article 22(1)

```
Article 12(1) Article 22(2)
```
```
Article 12(2), introductory wording and point (a), points (i)
to (v)
```
```
Article 22(2), second subparagraph, points (a) to (g)
Article 22(2), second subparagraph, point (h)
```
```
Article 12(2), point (b) Article 22(3), third subparagraph
```
- Article 22(3), third subparagraph, points (a) and (b)

```
Article 12(2), point (b), points (i) and (ii) Article 22(3), third subparagraph, points (c) and (d)
```
- Article 22(3), third subparagraph, point (e)
- Article 22 (4) to (9)
- Article 23
- Article 24

```
Article 13 Article 32
```
```
Article 14(1) Article 25(1)
```
- Article 25(2)

```
Article 14(2) Article 25(5)
```
```
Article 14(3) Article 25(3), first subparagraph
```
- Article 25(3), second subparagraph

```
Article 14(4) Article 25(4)
```
- Article 25(6)
- Article 26(1), (2), (3), (4), (5) and (6)

```
Article 14(5), introductory wording and point (a) Article 26(7), introductory wording and point (a)
```
```
Article 14(5), points (b), (c) and (d) -
```
- Article 26(7), points (b), (c) and (d) and second subparagraph

```
Article 14(5), second and third subparagraphs Article 26(7), third and fourth subparagraphs
```
```
Article 14(6), point (a) Article 26(8), point (a)
```
L 231/108 EN Official Journal of the European Union 20.9.2023


```
Directive 2012/27/EU This Directive
```
```
Article 14(6), point (b) -
```
```
Article 14(6), point (c) Article 26(8), point (b)
```
- Article 26(8), point (c)

```
Article 14(6), second and third subparagraphs Article 26(8), second and third subparagraphs
```
```
Article 14(7), (8) and (9) Article 26(9), (10) and (11)
```
- Article 26(12)

```
Article 14(10) and (11) Article 26(13) and (14)
```
```
Article 15(1), first subparagraph Article 27(1)
```
```
Article 15(1), second and third subparagraphs -
```
- Article 27(2), (3) and (4)

```
Article 15(1), fourth subparagraph Article 27(5)
```
```
Article 15(2) and (2a) -
```
```
Article 15(3), (4) and (5), first subparagraph Article 27(6), (7) and (8)
```
```
Article 15(5), second suparagraph -
```
```
Article 15(6), first subparagraph -
```
```
Article 15(6), second subparagraph Article 27(9)
```
```
Article 15(7) Article 27(10)
```
```
Article 15(9), first subparagraph Article 27(11)
```
```
Article 15(9), second subparagraph -
```
```
Article 16(1) and (2) -
```
- Article 28(1), (2), (3)and (5)

```
Article 16(3) Article 28(4)
```
```
Article 17(1), first subparagraph -
```
```
Article 17(1), second subparagraph Article 30(3)
```
```
Article 17(2) Article 22(7)
```
```
Article 17(3) -
```
```
Article 17(4) -
```
```
Article 17(5) Article 22(10)
```
```
Article 18(1), introductory wording Article 29(1), introductory wording
```
```
Article 18(1), point (a), points (i) and (ii) Article 29(1), points (a) and (b)
```
- Article 29(1), points (c) and (d)

```
Article 18(1), point (b) Article 29(2)
```
```
Article 18(1), point (c) Article 29(3)
```
- Article 29(4)

```
Article 18(1), point (d), points (i) and (ii) Article 29(5), points (a) and (b)
```
20.9.2023 EN Official Journal of the European Union L 231/109


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Directive 2012/27/EU This Directive
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- Article 29(5), point (c)

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Article 18(2), points (a) and (b) Article 29(6), points (a) and (b)
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Article 18(2), point (c) and (d) -
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- Article 29(6), point (c)
- Article 29(7)

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Article 18(3) Article 29(8)
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Article 19(1), point (a) Article 22(5), first subparagraph
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Article 19(1), point (b) Article 7(7), first subparagraph
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Article 19(1), second subparagraph Article 22(9), second subparagraph
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Article 19(2) -
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Article 20(1) and (2) Article 30(1) and (2)
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- Article 30(3), (4), (5),

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Article 20(3), (3a), (3b) and (3c) Article 30(6), (7), (8) and (9)
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Article 20(3d) Article 30(10), first subparagraph
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- Article 30(10), second subparagraph

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Article 20(4), (5), (6) and (7) Article 30(11), (13), (14) and (15)
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- Article 30(12)
- Article 30(16)
- Article 30(17) and (18)

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Article 21 Article 31(1)
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Annex IV, footnote 3 Article 31(2), (3) and (4)
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- Article 31(5)

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Annex IV, footnote 3 Article 31(6) and (7)
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Article 22(1) and (2) Article 33(1) and (2)
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- Article 33(3)

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Article 23 Article 34
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Article 24(4a), (5) and (6) Article 35(1), (2) and (3)
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Article 24(7), (8), (9), (10), (12) -
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Article 24(13) and (14) Article 35(4) and (5)
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Article 24(15), introductory wording Article 35(7), introductory wording
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Article 24(15), point (a) -
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Article 24(15), point (b) Article 35(7), point (a)
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- Article 35(7), point (b), (c), (d), (e),(f), (g) and (h)
- Article 35(7), second subparagraph

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Article 24(8) Article 35(7), third subparagraph
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Article 25 -
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Article 26 -
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L 231/110 EN Official Journal of the European Union 20.9.2023


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Directive 2012/27/EU This Directive
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Article 28 Article 36
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- Article 37

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Article 27, first paragraph Article 38, first paragraph
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Article 27, second paragraph -
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Article 27, third paragraph Article 38, second paragraph
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Article 28(1), first subparagraph Article 36(1), first subparagraph
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Article 28(1), second subparagraph -
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Article 28(1), third and fourth subparagraphs Article 36(1), secondsubparagraph
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Article 28(2) Article 36(2)
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Article 29 Article 39
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- Article 39, second paragraph
- Article 39, third paragraph

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Article 30 Article 40
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- Annex I

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Annex I Annex II
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Annex II Annex III
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Annex III Annex IV
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Annex IV -
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Annex V Annex V
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Annex VI
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-

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Annex VI
Annex VII
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Annex VII Annex VIII
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Annex VIIa Annex IX
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Annex VIII Annex X
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Annex IX Annex XI
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Annex X Annex XII
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Annex XI Annex XIII
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Annex XII Annex XIV
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Annex XIII Annex XV
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Annex XV -
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- Annex XVI
- Annex XVII

20.9.2023 EN Official Journal of the European Union L 231/111


