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Council of the European Union

Brussels, 4 May 2018 (OR. en) 8329/18 LIMITE ENER 126 ENV 253 TRANS 165 ECOFIN 359 RECH 146 CODEC 630

Interinstitutional File: 2016/0376 (COD)

NOTE From: General Secretariat of the Council To: Permanent Representatives Committee No. Cion doc.: 15091/1/16 ENER ENV 754 TRANS 473 ECODIN 1149 RECH 340 IA 124

CODEC 1789 + ADD 1

Subject: Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 2012/27/EU on energy efficiency - Preparation for third trilogue

1. On 14 March 2018, the Permanent Representatives Committee granted a revised mandate

for the second informal trilogue on the Commission's proposal on energy efficiency with a

view to negotiating a first reading agreement with the European Parliament.

2. The second informal trilogue was held on 20 March 2018. In that context, both co-

legislators managed to close many technical issues and reduce the gap on some political

issues. Further work was mandated to the technical level, in view of drafting/refining

compromises on outstanding issues.

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3. The work continued in a number of technical meetings with the European Parliament and

the European Commission, at the level of the Energy Working Party and at the informal

meeting of Ministers which took place on 19 April 2018 in Sofia, where the Presidency

informally sought political guidance on highly political outstanding issues in the context of

the Clean Energy Package.

4. Although a lot of work has been done until now, it appears that the gap between the two co-

legislators is still high as regards the following aspects: 2030 EU targets, energy savings

obligations ("Article 7"), Annex V, energy poverty, primary energy factors and transposition

deadline.

5. On these issues, it appears to be clear at this stage that neither co-legislator will be ready to

move from its position without significant movement also from the other side. In order to

preserve most sensitive issues for the Council, the Presidency recognised two pathways in

view of a compromise which were based on more flexibility on the targets' character and

level which were discussed at the Energy Working Party on 3 May 2018.

6. Following the informal meeting of Ministers which took place on 19 April 2018 in Sofia and

after carefully having listened to the delegations, the Presidency's view is that the Member

States might be more incline to accept [non-binding] headline higher 2030 EU targets, in

view of preserving other highly sensitive issues for the Council, such as Article 7. As

regards this latter, the Council's General Approach is quite far from the Commission

proposal and the European Parliament's position concerning its structure and ambition.

Therefore, in view of the final agreement on this dossier, the Council should make some

move in this respect.


According to the European Parliament, an important aspect increasing the level of ambition

in Article 7 is the inclusion of transport in the baseline. Even though transport is not

included in the baseline today, Member States can still use measures in the transport sector

to achieve the savings requirement under Article 7. A majority of Member States currently

do so, accounting for 6% of total notified savings. Including transport in the baseline would,

for instance, increase the quantity of savings required for 2021-30. All other things being

equal, including 20% of transport energy consumption would, for example, increase the

overall "level of ambition" of Article 7 by 10%.

Therefore, any even small flexibility on the inclusion of transport in the baseline would help

the Council to preserve other crucial aspects in Article 7 and, at the same time, to meet the

European Parliament's expectations on the level of ambition.

7. Another important aspect that raised a number of questions by the Member States concerns

early action and excess savings. "Excess savings" means that if a Member State achieves

more savings during a period than Article 7 requires, it can subtract the excess from the

amount of savings it must achieve during the next period.

In the current Directive, the continuing effects of early action in 2009-13 can count towards

the savings required for 2014-20. But this is limited by the "25% cap" in Article 7(3).

In the Commission proposal, the continuing effect in 2021-30 of these early actions in 2009-

13 can also count towards the savings required for 2021-30. Again, this is limited by the

25% cap.

In the General Approach, the provisions in the Commission proposal on early actions in

2009-13 are maintained. The continuing effects in 2021-30 of early actions in 2018-20 can

also be counted. Both provisions fall under the cap, which is increased to 35%. Excess

savings from 2014-20 can also count towards the savings requirement for 2021-30.


In the European Parliament's position, as clarified in its recent non-paper, the provisions in

the Commission proposal on early actions in 2009-13 are maintained, as also in the General

Approach. Under the European Parliament's "cumulative approach", the continuing effects

in 2021-30 of all early actions in 2014-20 are automatically counted. Finally the European

Parliament has clarified that excess savings – from measures (already) reported in National

Energy Efficiency Action Plans – can also count.

The more early action and excess savings can be counted for 2021-30, the less new savings

will be needed. In the European Parliament's position, this is offset (more or less exactly) by

the design of the cumulative approach itself.

Based on recent discussions at the level of the Energy Working Party, it appears that most of

the Member States cannot agree to the European Parliament's cumulative approach.

Therefore, the Presidency considers not endorsing the cumulative approach as such but it

will include only some aspects of it which are already covered by the Council General

Approach and are crucial for the Member States.

8. CONCLUSION

In the light of the above and in view of preparing the third trilogue scheduled on 16 May 2018, the

Presidency believes that a balanced compromise might address the following aspects:

Issues Presidency's new package proposal

Article 1 and 3

Character of headline target NON-BINDING

Level of headline target [31-33%]

Line 83 "and/or"

Article 7

EP cumulative approach NO

Savings rate - 1,5% savings rate

- lower savings rate (i.e. 0,8%) for MT and CY


Excess savings "excess savings" by Member States in 2014-20 can be carried forward to

2021-30

EP "early actions" "early action" in 2018-20 to be taken into account (as in General Approach)

Transport-related matters - [10-20%] of transport energy consumption is taken into account

- EP AM 68 replaced with the following recital and change in line 239 of Annex V:

"Energy efficiency improvement measures in transport undertaken by Member States are

eligible for achieving the energy end-use savings requirements. This can be done by dedicated policies that inter alia promote more efficient vehicles, modal shift to cycling, walking and collective transport, or mobility and urban

planning which reduces demand for transport. In addition, schemes which accelerate the

uptake of new, more efficient vehicles or policies fostering a shift to better performing fuels that reduce energy use per kilometer can also be

eligible, subject to compliance with the rules on materiality and additionality in Annex V".

Line 239: "(d) policies which aim at encouraging higher levels of energy efficiency

of products, equipment, transport systems, vehicles and fuels, buildings and building

elements, processes or markets are permitted;"

Cap for exemptions exemptions under Article 7(2) capped at [25-30]%

Exemptions allowed for 2021-2030 under the cap in Article 7(2)

- ETS- supply side

- early action (pre-2014)

Extension of Article 7 after 2030 NO, unless a review says yes

Annex IV

Primary energy factors 2,0/not only for this Directive (see Annex)


Annex V

Lines 234, 235, 240, 244 and 249 GA to be preserved

Energy poverty

Line 27 AM 22 – Recital 12 (drafting to be further adapted to final agreement in lines 122 and 136)

(12) Improvements to the energy efficiency of buildings should benefit all consumers and in particular [ ] those affected by energy poverty. Member States can already require obligated

parties to include social aims in energy saving measures, in relation to energy poverty, and this possibility should now be extended to alternative measures [ ]. Member States should take into [ ]account energy poverty when designing their obligation schemes and alternative measures,

including by requiring a share of energy efficiency measures to be implemented as a

priority in low-income households, including those affected by energy poverty and in social

housing, while [ ]retaining full flexibility [ ]with regard to [ ] the size, scope and content

[ ] of their obligation schemes and alternative measures. In line with Article 9 of the [ ]TFEU, the Union's energy efficiency policies should be inclusive and therefore also ensure accessibility of energy efficiency measures for [ ]consumers

affected by energy poverty.

Each Member State may define energy poverty, and what constitutes a low-income

household in accordance with its specific national circumstances.

Line 122, Article 7a (a) shall take into account, in the saving obligations they impose, the need to alleviate energy poverty, in accordance with criteria

established by the Member States and considering their existing socially aimed

practices in the field, for instance by requiring a share of energy efficiency measures to be implemented as a priority in among low-

income households, vulnerable households including those affected by energy

poverty and, where appropriate, in social housing.

Member States shall inform about the outcome of measures to alleviate energy

poverty in the context of this Directive in the integrated national energy and climate


progress reports in accordance with Article 21 of Regulation (EU) XX/20XX [Governance of

the Energy Union].

Pres. will further request:1) a recital specifying that MSs hold the due

flexibility to "quantify" the share of measures and to prioritise it;

2) a recital to explain the meaning of "among" which could read as follows or any similar (to be

adapted further to final agreement):

"(12a) When designing their energy efficiency obligation schemes and alternative policy measures Member States have the right to

establish which actions they consider relevant to alleviate energy poverty in their territory and which categories of beneficiaries should be targeted. Member States should therefore identify, in accordance with their specific

circumstances, which households need to be targeted as a priority among low-income

households, households affected by energy poverty or those in social housing."

Line 136, Article 7b 2. In designing alternative policy measures to achieve energy savings, Member States shall, where appropriate, take into account the effect on households, affected by need to alleviate

energy poverty, and for that purpose shall consider, inter alia, ensuring that a share

of measures are implemented as a priority among low-income households, vulnerable households including those affected by energy poverty and, where

appropriate, in social housing.

Member States shall inform about the outcome of measures to alleviate energy

poverty in the context of this Directive in the integrated national energy and climate

progress reports in accordance with Article 21 of Regulation (EU) XX/20XX [Governance of

the Energy Union].

Article 2 of COM proposal

Transposition deadline [18-24] months


The Permanent Representatives Committee is thus invited to grant a revised mandate by:

- confirming its support to the Presidency's compromise proposals as expressed in the fourth

column of the Annex to this document, as regards all remaining aspects not covered by the

table above;

- allowing the Presidency the room of manoeuvre to explore a compromise with the European

Parliament based on the table above.

__________________________


FOURTH COLUMN explanations

The fourth column contains Presidency's assessment and compromise suggestions. In that column:

1) bold italics text indicates text as it was proposed by the EP; 2) underlined bold text indicates

the Council general approach; and 3) Bold (or italics) text indicates compromise texts proposed by

the Presidency in response to EP amendments.

Where the fourth column is marked "Maintain Council GA", at this stage, it is proposed that

Council maintains its General Agreement position as reflected in the third column (even when this

latter is empty). Expressions like "To be adapted following agreement on targets" or any similar

indicates that the prevision/recital should be refined once the final agreement is set.

N.B. Where footnotes remain unchanged across the four columns, the footnote is only reproduced

once.

_______________________


ANNEX

Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 2012/27/EU on energy efficiency

COMISSION PROPOSAL

(COD 2016/0376 - doc. 15091/16)

EP PLENARY TEXT

(voted on 17/01/2018)

COUNCIL GENERAL APPROACH (doc.

11119/1/2017 REV1)

Presidency's assessment and compromise suggestions

1. THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on the Functioning of the European Union, and in particular Article 194(2) thereof,Having regard to the proposal from the European Commission,After transmission of the draft legislative act to the national parliaments,Having regard to the opinion of the European Economic and Social Committee1,Having regard to the opinion of the Committee of the Regions2,Acting in accordance with the ordinary legislative procedure,

Whereas:

Commission proposal unchanged


2. RECITALS

3. (1) Moderation of energy demand is AM 1 Commission proposal (1) Moderation of energy 1 OJ C , , p. .2 OJ C , , p. .

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one of the five dimensions of the Energy Union Strategy adopted on 25 February 2015. Improving energy efficiency will benefit the environment, reduce greenhouse gas emissions, improve energy security by reducing dependence on energy imports from outside the Union, cut energy costs for households and companies, help alleviate energy poverty and lead to increased jobs and economy-wide economic activity. This is in line with the Union commitments made in the framework of the Energy Union and global climate agenda established by the Paris Agreement of December 2015 by the Parties of the United Nation Framework Convention on Climate Change.

(1) Moderation of energy demand is one of the five dimensions of the Energy Union Strategy adopted on 25 February 2015. 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 greenhouse gas emissions, improve energy security by reducing dependence on energy imports from outside the Union, cut energy costs for households and companies, help alleviate energy poverty and lead to increased competitiveness, jobs and economy-wide economic activity thus improving citizens’ quality of life. This is in line with the Union commitments made in the framework of the Energy Union and global climate agenda established by the Conference of the Parties of the United Nation Framework Convention on Climate Change (COP21) held in Paris Agreement of in December 2015 by the Parties of the United Nation Framework Convention on Climate Change (‘the Paris Agreement’), committing to holding the increase in the global average temperature to well below 2°C above pre-industrial levels and to pursuing efforts to limit the temperature increase to 1,5°C above pre-industrial levels

unchanged demand is one of the five dimensions of the Energy Union Strategy adopted on 25 February 2015. 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 greenhouse gas emissions, improve energy security by reducing dependence on energy imports from outside the Union, cut energy costs for households and companies, help alleviate energy poverty and lead to increased competitiveness, jobs and economy-wide economic activity thus improving citizens’ quality of life. This is in line with the Union commitments made in the framework of the Energy Union and global climate agenda established by the Conference of the Parties of the United Nation Framework Convention on Climate Change (COP21) held in Paris Agreement of in December 2015 by the Parties of the United Nation Framework


Convention on Climate Change (‘the Paris Agreement’), committing to holding the increase in the global average temperature to well below 2°C above pre-industrial levels and to pursuing efforts to limit the temperature increase to 1,5°C above pre-industrial levels


4. (2) Directive 2012/27/EU of the European Parliament and of the Council3 is an element to progress towards the Energy Union, under which energy efficiency should be treated as an energy source in its own right. The 'energy efficiency first' principle should be taken into account when setting new rules for the supply side and other policy areas. The Commission should ensure that energy efficiency and demand side response can compete on equal terms with generation capacity. Energy efficiency needs to be considered whenever energy system relevant planning or financing decisions are taken. Energy efficiency improvements need to be realised whenever it is more cost-effective than equivalent supply-side solutions. This should help to exploit the multiple benefits of energy efficiency for Europe's society, in particular for citizens and businesses.

AM 2(2) Directive 2012/27/EU of the European Parliament and of the Council4

is an element to progress towards the Energy Union, under which energy efficiency should be treated as an energy source in its own right. The 'energy efficiency first' principle should be taken into account when setting new rules for the supply side and other policy areas. The Commission should ensure that prioritise energy efficiency and demand side response can compete on equal terms with over increased generation capacity. Energy efficiency needs to be considered whenever energy system relevant planning or and financing decisions are taken. Investments to improve final energy efficiency improvements need to be realised whenever it is more cost-effective than equivalent supply-side solutions. This should help to exploit the multiple benefits of increasing in energy efficiency for at all stages of the energy chain and thereby improve the welfare of Europe's society, in particular for citizens and. To unlock the full potential of those benefits, and allow for the successful implementation of the intended policy measures, the

2) Directive 2012/27/EU of the European Parliament and of the Council3 is an element to progress towards the Energy Union, under which energy efficiency should be treated as an energy source in its own right. The 'energy efficiency first' principle should be taken into account when setting new rules for the supply side and other policy areas. The Commission should ensure that energy efficiency and demand side response can compete on equal terms with generation capacity. Energy efficiency needs to be considered whenever decisions relating to planning the energy system [ ]or financing decisions are taken. Energy efficiency improvements need to be realised whenever [ ]they are more cost-effective than equivalent supply-side solutions. This should help to exploit the multiple benefits of energy efficiency for Europe's society, in particular for citizens and businesses.

2) Directive 2012/27/EU of the European Parliament and of the Council3 is an element to progress towards the Energy Union, under which energy efficiency should be treated as an energy source in its own right. The 'energy efficiency first' principle should be taken into account when setting new rules for the supply side and other policy areas. The Commission should ensure that energy efficiency and demand side response can compete on equal terms with generation capacity. Energy efficiency needs to be considered whenever decisions relating to planning the energy system [ ]or financing decisions are taken. Energy efficiency improvements need to be realised whenever [ ]they are more cost-effective than equivalent supply-side solutions. This should help to exploit the multiple benefits of energy efficiency for Europe's society, in particular for citizens and businesses.

3 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).

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).


Commission and the Member States should work together with local and regional authorities, cities, businesses and citizens across the Union to ensure that the increase in energy efficiency as a result of technological, behavioural and economic changes go hand in hand with increased economic growth.

5. AM 3(2a) All forms of primary energy (non-renewable and renewable) should take into account the additional energy input required to acquire that energy, to establish and operate power installations and to dismantle them, as well as to eliminate the associated threats to the environment.

(2a) All forms of primary energy (non-renewable and renewable) should take into account the additional energy input required to acquire that energy, to establish and operate power installations and to dismantle them, as well as to eliminate the associated threats to the environment.

6. AM 4(2b) Member State measures should be supported by well-designed and effective Union financial instruments, such as the European Structural and Investment Funds, the European Fund for Strategic Investments and the European Investment Bank, which should support energy efficiency investments at all stages of the energy chain and use a comprehensive cost-benefit analysis using 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. Reaching an ambitious energy

(2b) Member State measures should be supported by well-designed and effective Union financial instruments, such as the European Structural and Investment Funds, the European Fund for Strategic Investments and the European Investment Bank, which should support energy efficiency investments at all stages of the energy chain and use a comprehensive cost-benefit analysis using a model of differentiated discount rates. Financial support should focus on cost-effective methods for


efficiency target requires barriers to be removed such as the recent clarification from Eurostat on how to record energy performance contracts in national accounts in order to make it easier to invest in energy efficiency measures.

increasing energy efficiency, which would lead to a reduction in energy consumption. Reaching an ambitious energy efficiency target requires barriers to be removed such as the recent clarification from Eurostat on how to record energy performance contracts in national accounts in order to make it easier to invest in energy efficiency measures.

The EIB and the EBRD should, together with national promotional banks, design, generate and finance programmes and projects tailored to the efficiency sector, including for energy poor households.

This covers AM 80 (line 202)7. (3) The European Council of October

2014 set a 27 % energy efficiency target for 2030, to be reviewed by 2020 'having in mind an Union level of 30 %'. In December 2015, the European Parliament called upon the Commission to also assess the viability of a 40 % energy efficiency target for the same timeframe. It is therefore appropriate to review and consequently amend the Directive to adapt it to the 2030 perspective.

AM 5(3) The European Council of October 2014 set supported a 27 % energy efficiency target for 2030, to be reviewed by 2020 'having in mind an a Union level of 30 %'. In December 2015, the European Parliament called upon the Commission to also assess the viability of a 40 % energy efficiency target for the same timeframe. It is therefore appropriate to review and consequently amend the Directive to

(3) The European Council of October 2014 set a 27 % energy efficiency target for 2030 at Union level, to be reviewed by 2020 'having in mind an Union level of 30 %'. In December 2015, the European Parliament called upon the Commission to also assess the viability of a 40 % energy efficiency target for the same timeframe. It is therefore appropriate to review

(3) The European Council of October 2014 set supported a 27 % energy efficiency target for 2030 at Union level, to be reviewed by 2020 'having in mind an Union level of 30 %'. In December 2015, the European Parliament called upon the Commission to also assess the viability of a 40 % energy efficiency target for the same timeframe. It is therefore


adapt it to the 2030 perspective. and consequently amend [ ]Directive 2012/27/EU, to adapt it to the 2030 perspective.

appropriate to review and consequently amend [ ]Directive 2012/27/EU, to adapt it to the 2030 perspective.

8. (4) There are no binding targets at national level in the 2030 perspective. The need for the Union to achieve its energy efficiency targets at EU level, expressed in primary and final energy consumption, in 2020 and 2030 should be clearly set out in the form of a binding 30 % target. This clarification at Union level should not restrict Member States as their freedom is kept to set their national contributions based on either primary or final energy consumption, primary or final energy savings, or energy intensity. Member States should set their national indicative energy efficiency contributions taking into account that the Union’s 2030 energy consumption has to be no more than 1 321 Mtoe of primary energy and no more than 987 Mtoe of final energy. This means that primary energy consumption should be reduced by 23 % and final energy consumption should be reduced by 17 % in the Union compared to 2005 levels. A regular evaluation of progress towards the achievement of the Union 2030 target is necessary and is provided for in the legislative proposal on Energy Union Governance.

AM 102(4) There are no binding targets at national level in the 2030 perspective. The need for the Union to achieve its energy efficiency targets at EU level, expressed in primary and final energy consumption, in 2020 and 2030 should be clearly set out in the form of a binding an indicative 30 % target. This clarification at Union level should not restrict Member States as their freedom is kept to set their national contributions based on either primary or final energy consumption, primary or final energy savings, or energy intensity. Member States should set their national indicative energy efficiency contributions taking into account that the Union’s 2030 energy consumption has to be no more than 1 321 Mtoe of primary energy and no more than 987 Mtoe of final energy. This means that primary energy consumption should be reduced by 23 % and final energy consumption should be reduced by 17 % in the Union compared to 2005 levels. A regular evaluation of progress towards the achievement of the Union 2030 target is necessary and is provided for in the legislative proposal on Energy Union Governance.

(4) [ ]The need for the Union to achieve its energy efficiency targets at EU level, expressed in primary and/or final energy consumption, in [ ]2030 should be clearly set out in the form of a[ ]30 % target.[ ]There are no binding targets at [ ]national level [ ]in the 2030 perspective, and Member [ ]States' freedom [ ]should not be restricted to set their national contributions based on either primary or final energy consumption, primary or final energy savings, or energy intensity. Member States should set their national indicative energy efficiency contributions taking into account that the Union’s 2030 energy consumption has to be no more than 1 321 Mtoe of primary energy and/or no more than 987 Mtoe of final energy. This means that in the Union primary energy consumption should be [ ]reduced by 23%, and final energy consumption should be reduced by 17 %, compared to 2005 levels. A regular evaluation of progress

To be adapted following agreement on targets


towards the achievement of the Union 2030 target is necessary and is provided for in the legislative proposal on Energy Union Governance.[ ]

9. AM 7(4a) The principle of equity among Member States should be applied when determining national energy efficiency targets. Energy is an essential commodity and minimum levels of energy consumption are therefore inevitable, a fact that should be properly taken into account when setting national targets. In general, countries whose energy consumption per capita is below the Union average should be given more flexibility when setting their targets.

Maintain Council GA

10. AM 8(4b) 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 that efficiency will enable better use to be made of renewable energy, such as wind power combined with gas turbines, to avoid overloading networks served by conventional large power units that have significant thermal inertia.

(4b) 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 that efficiency will enable better use to be made of renewable energy, such as wind power combined with gas turbines, to avoid overloading networks served by conventional large power units that have


significant thermal inertia.11. AM 9

(4c) The Commission and the Member States need to ensure that the reduction in energy consumption results from greater energy efficiency and not macro-economic circumstances.

(4c) The Commission and the Member States need to ensure that the reduction in energy consumption results from greater energy efficiency and not macro-economic circumstances.

Possible redrafting welcome12. AM 10

(4d) Member States should identify cost-effective energy efficiency potentials on the basis of bottom-up calculation for each sector separately, as those are dependent on the energy mix, economy structure and pace of economic development.

EP AM dropped

13. (5) The obligation on Member States to establish long-term strategies for mobilising investment in the renovation of their national building stock and notify them to the Commission should be removed from Directive 2012/27/EU and added to Directive 2010/31/EU of the European Parliament and of the Council5 where it fits with long term plans for nearly zero energy buildings and the decarbonisation of buildings.

AM 11(5) The obligation on Member States to establish long-term strategies for mobilising investment in facilitating the renovation of their national building stock and notify them to the Commission should be removed from Directive 2012/27/EU and added to Directive 2010/31/EU of the European Parliament and of the Council6 where it fits with long term plans for nearly zero energy buildings and the decarbonisation of buildings.

(5) The obligation on Member States to establish long-term strategies for mobilising investment in the renovation of their national building stock and notify them to the Commission should be removed from Directive 2012/27/EU and added to Directive 2010/31/EU of the European Parliament and of the Council4 where [ ] this obligation fits with long term plans for nearly zero[ ] energy

(5) The obligation on Member States to establish long-term strategies for mobilising investment and facilitating in the renovation of their national building stock and notify them to the Commission should be removed from Directive 2012/27/EU and added to Directive 2010/31/EU of the European Parliament and of the Council4 where [ ] this obligation fits with long term

5 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. 13.6 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).


buildings and the decarbonisation of buildings.

plans for nearly zero[ ] energy buildings and the decarbonisation of buildings.

14. (6) In view of the climate and energy framework for 2030 the energy savings obligation should be extended beyond 2020. Extending the commitment period beyond 2020 would create greater stability for investors and thus encourage long term investments and long term energy efficiency measures, such as the renovation of buildings.

AM 12(6) In view of the climate and energy framework for 2030, the energy savings obligation should be extended beyond 2020. Extending the commitment period beyond 2020 would create greater stability for investors and thus encourage long term investments and long term energy efficiency measures, such as the deep renovation of buildings with the long-term objective of achieving a stock of nearly zero-energy buildings (NZEBs). The energy savings obligation has been key in leading to the creation of local growth and jobs, and should be continued to ensure that the Union can achieve its energy and climate objectives by creating further opportunities and reduce dependency of energy consumption on growth. Cooperation with the private sector is important to assess on which conditions private investment for energy efficiency projects can be unlocked and to develop new revenue models for innovation in the field of energy efficiency.

(6) In view of the climate and energy framework for 2030 the energy savings obligation established by Directive 2012/27/EU should be extended beyond 2020. Extending the commitment period beyond 2020 would create greater stability for investors and thus encourage long term investments and long term energy efficiency measures, such as the renovation of buildings.

Partly accepted (in line with EPBD):(6) In view of the climate and energy framework for 2030 the energy savings obligation established by Directive 2012/27/EU should be extended beyond 2020. Extending the commitment period beyond 2020 would create greater stability for investors and thus encourage 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 achieving a stock of nearly zero-energy buildings (NZEBs). The energy savings obligation has been key had an important role in leading to the creation of local growth and jobs, and should be continued to ensure that the Union can achieve its energy and climate objectives by creating further opportunities and reduce dependency of


energy consumption on growth. Cooperation with the private sector is important to assess on which conditions private investment for energy efficiency projects can be unlocked and to develop new revenue models for innovation in the field of energy efficiency.

15. AM 13(6a) Energy efficiency improvements also have a positive impact on air quality, as more energy efficient buildings reduce the demand in heating fuels, especially also solid heating fuels. Energy efficiency measures therefore contribute to improving indoor and outdoor air quality and help achieving, in a cost effective manner, the objectives of Union’s air quality policy, as established in particular by Directive (EU) 2016/2284 of the European Parliament and of the Council1a. The reduction of energy demand in buildings should be considered to be an element of air quality policy, in general and in particular in Member States where achieving Union’s limits on emissions of air pollutants is problematic and energy efficiency could help attain those goals.__________________1a Directive (EU) 2016/2284 of the

(6a) Energy efficiency improvements also have a positive impact on air quality, as more energy efficient buildings contribute to reducing the demand in heating fuels, especially also solid heating fuels. Energy efficiency measures therefore contribute to improving indoor and outdoor air quality and help achieving, in a cost effective manner, the objectives of Union’s air quality policy, as established in particular by Directive (EU) 2016/2284 of the European Parliament and of the Council1a. The reduction of energy demand in buildings should be considered to be an element of air quality policy, in general and in particular in Member States where achieving Union’s limits on


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. 1-31).

emissions of air pollutants is problematic and energy efficiency could help attain those goals.

16. (7) Member States are required to achieve a cumulative end-use savings requirement for the entire obligation period, equivalent to 'new' savings of 1.5 % of annual energy sales. This requirement could be met by new policy measures that are adopted during the new obligation period from 1 January 2021 to 31 December 2030 or by new individual actions as a result of policy measures adopted during or before the previous period, but in respect of which the individual actions that trigger energy savings are actually introduced during the new period.

AM 14(7) Member States are required to achieve a cumulative end-use savings requirement for the entire obligation period, equivalent to 'new' savings of at least 1.5 % of annual energy sales. This requirement could be met by new energy savings that stem from policy measures that are adopted during the new obligation period from 1 January 2021 to 31 December 2030 or by new individual actions as a result of policy provided that it can be demonstrated that those measures adopted during or before the previous period, but in respect of which the result in individual actions that trigger deliver verifiable energy savings are actually introduced during the new after 2020. Savings in each period should build cumulatively upon the amount of savings to be achieved in previous period(s).

(7) At the same time, [ ] requiring a constant 1.5% savings effort from Member States may not be appropriate throughout the whole 2020-2030 period. Member States are therefore required to achieve a cumulative end-use savings requirement for the [ ]first half of the [ ] commitment period, equivalent to 'new' savings of 1.5 % of annual energy sales. In the second half of the [ ] commitment period a 1% savings requirement should apply, subject to the outcome of the Commission's mid-term review on the progress towards the Union's headline targets on energy efficiency . [ ]

AM to be adapted following agreement on Article 7

17. (7a) It would however be disproportionate to impose such a requirement on Cyprus and Malta. The energy market of those small island Member

To be adapted following agreement on Article 7


States indeed exhibits specific characteristics which substantially limit the range of measures available to meet the energy savings obligation, such as the existence of a single electricity distributor, the absence of natural gas networks and of district heating and cooling networks, as well as the small size of petroleum distribution companies. Those specific characteristics are compounded by the small size of the energy market of those Member States. Therefore, Cyprus and Malta should only be required to achieve a cumulative end-use savings requirement equivalent to 0.8% of annual energy sales for the period 2021-2030.

In the spirit of compromise the following recital could be accepted (instead of AMs 60, 61, 62 and 63):

"(7aa): Without prejudice to Article 7 [(2) and (3)], Member States and obligated parties should make use of all available means and technologies to achieve the energy savings required under Articles 7, 7a and 7b, including through promoting sustainable technologies in efficient district heating and cooling systems, efficient heating and cooling infrastructure and energy audits or equivalent management systems", provided the claimed savings comply with the requirements of Article 7 and Annex V."

18. (8) Long term energy efficiency measures will continue delivering energy savings after 2020 but in order to contribute to the next Union 2030 energy efficiency target, those measures should deliver new savings after 2020.

(8) Long term energy efficiency measures will continue delivering energy savings after 2020 but in order to contribute to the Union 2030 energy efficiency target, those



On the other hand, energy savings achieved after 31 December 2020 may not count towards the cumulative savings amount required for the period from 1 January 2014 to 31 December 2020.

measures should deliver new savings after 2020. Therefore, the energy saving requirement in the 2020-2030 period could be met by policy measures adopted during the new obligation period from 1 January 2021 to 31 December 2030, or by new individual actions as a result of policy measures adopted during or before the previous period, but in respect of which the individual actions that trigger energy savings are actually undertaken during the new period. On the other hand, energy savings achieved after 31 December 2020 should not count towards the cumulative savings amount required for the period from 1 January 2014 to 31 December 2020.

19. (9) New savings should be additional to business as usual, so that savings that would have occurred in any event may not be claimed. In order to calculate the impact of measures introduced only net savings, measured as the change of energy consumption that is directly attributable to the energy efficiency measure in question, may be counted. To calculate net savings Member States should establish a baseline scenario of how the situation would evolve in the

AM 15(9) New energy savings should be additional to business as usual, so that savings that would have occurred in any event may not be claimed. In order to calculate the impact of measures introduced only net savings, measured as the change of energy consumption that is directly attributable to the energy efficiency measure in question, may be counted. To calculate net savings Member States should establish a

(9) New savings should be additional to business as usual, so that savings that would have occurred in any event may not be claimed. In order to calculate the impact of measures introduced only net savings, measured as the change of energy consumption that is directly attributable to the energy efficiency measure in question, may be counted. To

(9) New savings should be additional to business as usual, so that savings that would have occurred in any event may not be claimed. In order to calculate the impact of measures introduced only net savings, measured as the change of energy consumption that is directly attributable to the energy efficiency measure in question, may be counted. To


absence of the policy in question. The policy intervention should be evaluated against this defined baseline. Member States should take into account that other policy interventions may be undertaken in the same time frame which may also have an impact on energy savings, so that not all changes observed since the introduction of the policy intervention being evaluated can be attributed to that policy measure only. The actions of the obligated, participating or entrusted party should actually contribute to the achievement of the savings claimed to ensure the fulfilment of the materiality requirement.

baseline scenario of how the situation would evolve in the absence of the policy in question. The policy intervention should be evaluated against this defined baseline. Member States should take into account that other policy interventions may be undertaken in the same time frame which may also have an impact on energy savings, so that not all changes observed since the introduction of the policy intervention being evaluated can be attributed to that policy measure only. The actions of the obligated, participating or entrusted party should actually contribute to the achievement of the savings claimed to ensure the fulfilment of the materiality requirement.

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 should be evaluated against this defined baseline. Member States should take into account that other policy [ ]measures may be undertaken in the same time frame which may also have an impact on energy savings, so that not all changes observed since the introduction of the policy [ ]measure being evaluated can be attributed to that policy measure only. The actions of the obligated, participating or entrusted party[ ] should actually contribute to the achievement of the savings claimed to ensure the fulfilment of the materiality requirement.

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 should be evaluated against this defined baseline. Member States should take into account that other policy [ ]measures may be undertaken in the same time frame which may also have an impact on energy savings, so that not all changes observed since the introduction of the policy [ ]measure being evaluated can be attributed to that policy measure only. The actions of the obligated, participating or entrusted party[ ] should actually contribute to the achievement of the savings claimed to ensure the fulfilment of the materiality requirement.

20. AM 16(9a) It is important to include all energy chain steps into the counting of savings in order to increase the energy savings potential in transmission and distribution of electricity.

(9a) It is important to include all energy chain steps into the counting of savings in order to increase the energy savings potential in transmission and distribution of electricity.

21. (10) Energy savings which result from the implementation of Union legislation may not be claimed unless the measure in question goes beyond the minimum

AM 17(10) Energy savings which result from the implementation of Union legislation may not be claimed unless the measure

(10) Energy savings which result from the implementation of Union legislation may not be claimed unless the measure in

(10) Energy savings which result from the implementation of Union legislation may not be claimed unless the measure in


required by the Union legislation in question, whether by setting more ambitious energy efficiency requirements at national level or increasing the take up of the measure. Recognising that renovation of buildings is an essential and long term element in increasing energy savings, it is necessary to clarify that all energy savings stemming from measures promoting the renovation of existing buildings can be claimed if they are additional to developments that would have happened in the absence of the policy measure and if the Member State demonstrates that the obligated, participating or entrusted party has actually contributed to the achievement of the savings claimed from the measure in question.

in question goes beyond the minimum required by the Union legislation in question, whether by setting more ambitious energy efficiency requirements at national level or increasing the take up of the measure. Recognising that Buildings present a substantial potential for further increasing energy efficiency, and 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 all energy savings stemming from measures promoting the renovation of existing buildings can be claimed if they are additional to developments that would have happened in the absence of the policy measure and if the Member State demonstrates that the obligated, participating or entrusted party has actually contributed to the achievement of the savings claimed from the measure in question.

question goes beyond the minimum required by the Union legislation in question, whether by setting more ambitious energy efficiency requirements at national level or increasing the take up of the measure. Recognising that renovation of buildings is an essential and long term element in increasing energy savings, it is necessary to clarify that all energy savings stemming from measures promoting the renovation of existing buildings can be claimed if they are additional to developments that would have happened in the absence of the policy measure and if the Member State demonstrates that the obligated, participating or entrusted party has actually contributed to the achievement of the savings claimed from the measure in question. Renovation should be understood to cover the renovation of buildings, the building envelope and building elements including technical building systems. Installation of individual equipment on its own should not be considered a 'system'.

question goes beyond the minimum required by the Union legislation in question, whether by setting more ambitious energy efficiency requirements at national level or increasing the take up of the measure. Recognising that Buildings present a substantial potential for further increasing energy efficiency, and 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 all energy savings stemming from measures promoting the renovation of existing buildings can be claimed if they are additional to developments that would have happened in the absence of the policy measure and if the Member State demonstrates that the obligated, participating or entrusted party has actually contributed to the achievement of the savings claimed from the measure in question.

22. AM 18(10a) The effective management of water can make a significant

AMs 18, 20 & 21 to be merged in a single recital as follows:


contribution to energy savings. The water and wastewater sector account for 3,5 % of electricity use in the Union1a. Moreover, water demand is expected to increase by 25 % by 2040, mainly in urban areas. At the same time, water leaks account for 24 % of the total amount of water consumed in the Union, resulting in energy and water losses. All measures aiming to achieve more effective water management and a reduction in water use therefore have the potential to make a significant contribution to the Union's energy efficiency objective1b.

__________________

1a World Energy Outlook 2016, International Energy Agency, 20161b World Energy Outlook 2016, International Energy Agency, 2016

(10a) The effective management of water can make a significant contribution to energy savings. The water and wastewater sector accounts for 3,5% of electricity use in the Union and this 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 should be fully explored.

23. AM 19(10b) This review includes provisions related to the treatment of energy efficiency as an infrastructure priority, recognising that it fulfils the definition of infrastructure used by the IMF and other economic institutions, and makes it a crucial element and a priority consideration in future investment decisions on the Union's energy infrastructure1a.

__________________

Maintain Council GA


1a Wording from the European Parliament report of 2 June 2016 on the implementation of the Energy Efficiency Directive (2012/27/EU)-(2015/2232(INI))

24. AM 20(10c) The energy sector is the largest consumer of water in the Union, accounting for 44 % of water consumption1a. The use of smart technologies and processes for the efficient management of water has the potential to generate significant energy savings while enhancing the competitiveness of enterprises.__________________1a Commission staff working document, Agriculture and sustainable water management in the EU, 28 April 2017

See proposal in line 22

25. AM 21(10d) The water and wastewater sector can also contribute to the production of renewable energy and the reduction of fossil energy supply. For instance, the recovery of energy from sludge produced through the treatment of wastewater, makes it possible to produce energy on site.

See proposal in line 22

26. (11) In accordance with the Energy Union Strategy and the principles of better regulation, monitoring and verification rules should be given greater prominence, including the requirement to check a statistically representative sample of measures.

(11) In accordance with the Energy Union Strategy and the principles of better regulation, monitoring and verification rules [ ] for the implementation of energy efficiency obligation schemes

(11) In accordance with the Energy Union Strategy and the principles of better regulation, monitoring and verification rules [ ] for the implementation of energy efficiency obligation schemes


References to 'a statistically significant proportion and representative sample' should be understood as requiring the establishment of a subset of a statistical population (of energy saving measures) in such a way that it accurately reflects the entire population in question (all energy saving measures), and thus allows drawing reasonable conclusions regarding confidence in the totality of measures.

and alternative policy measures, including the requirement to check a statistically representative sample of measures. should be given greater prominence. References to 'a statistically significant proportion and representative sample' should be understood as requiring the establishment of a subset of a statistical population [ ]of the energy saving measures[ ] in question in such a way that it accurately reflects the entire population [ ] of all energy saving measures[ ], and thus allows drawing reasonable conclusions regarding confidence in the totality of measures.

and alternative policy measures, including the requirement to check a statistically representative sample of measures. should be given greater prominence. References to 'a statistically significant proportion and representative sample' should be understood as requiring the establishment of a subset of a statistical population [ ]of the energy saving measures[ ] in question in such a way that it accurately reflects the entire population [ ] of all energy saving measures[ ], and thus allows drawing reasonable conclusions regarding confidence in the totality of measures.

27. (12) Improvements to the energy efficiency of buildings should benefit in particular consumers affected by energy poverty. Member States can already require obligated parties to include social aims in energy saving measures, in relation to energy poverty, and this possibility should now be extended to alternative measures and transformed into an obligation while leaving full flexibility to Member States with regard to the size, scope and content of such measures. In line with Article 9 of the Treaty, the Union's energy efficiency

AM 22(12) Improvements to the energy efficiency of buildings should benefit all consumers and in particular consumers low-income households, including those affected by energy poverty. Each Member State may define energy poverty and what constitutes a low-income household in accordance with its specific national circumstances. Member States can already require obligated parties to include social aims in energy saving measures, in relation to energy poverty., and This possibility

(12) Improvements to the energy efficiency of buildings should benefit in particular consumers affected by energy poverty. Member States can already require obligated parties to include social aims in energy saving measures, in relation to energy poverty, and this possibility should now be extended to alternative measures[ ]. Member States should take into [ ]account energy poverty when

Covered by package deal (as far as energy poverty is concerned)


policies should be inclusive and therefore also ensure accessibility of energy efficiency measures for energy poor consumers.

should now be extended to alternative measures and be transformed into an obligation while leaving full flexibility to Member States with regard to the size, scope and content of such measures. In line with Article 9 of the Treaty, the Union's energy efficiency policies should be inclusive and therefore also ensure accessibility of energy efficiency measures for energy poor to energy-poor, low-income consumers.

designing their obligation schemes and alternative measures, while [ ]retaining full flexibility [ ]with regard to [ ]their size, scope and content[ ]. In line with Article 9 of the [ ]TFEU, the Union's energy efficiency policies should be inclusive and therefore also ensure accessibility of energy efficiency measures for [ ]consumers affected by energy poverty.

28. AM 23(12a) Reacting to daytime and night-time demand for electricity is an important instrument for improving energy efficiency, since it significantly increases energy saving opportunities for consumers by allowing them to make decisions based on information indicating the possibility of optimising energy consumption when energy is in demand, including at peak times, so as to enable better use of transmission networks and productive resources.

EP AM dropped

29. AM 24(12b) Low energy bills should be achieved by assisting consumers in reducing their energy use via reduction of energy needs of buildings, improvements in the efficiency of appliances, availability of low energy transport modes integrated with public transport and cycling. Improving

(12b) Low energy bills should be achieved by assisting consumers in reducing their energy use via reduction of energy needs of buildings and improvements in the efficiency of appliances, which should be combined with availability of


building envelopes and reducing energy needs and uses are fundamental aspects to ameliorate health conditions of low income segments of the population.

low energy transport modes integrated with public transport and cycling. Improving building envelopes and reducing energy needs and uses are fundamental aspects to ameliorate health conditions of low income segments of the population.

30. AM 25(12c) It is crucial to raise awareness and provide accurate information about the benefits of increased energy efficiency and its possible implementation to all Union citizens. Increased energy efficiency is also crucial for geopolitical position and security of the Union through lowering its dependency on import of fuels from third countries.

(12c) It is crucial to raise awareness and provide accurate information about the benefits of increased energy efficiency and its possible implementation to all Union citizens. Increased energy efficiency is also highly crucial important for geopolitical position and security of supply of the Union through lowering its dependency on import of fuels from third countries.

31. AM 26(12d) Around 50 million households in the Union are affected by energy poverty. 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 affordability

(12d) Around 50 million households in the Union are affected by energy poverty. 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


to owners and tenants should be taken into account, and adequate financial support for such measures should be guaranteed at Member State level. The Union's building stock will need to become, in the long term, NZEBs, in line with the objectives of the Paris Agreement. Present building renovation rates are insufficient and buildings occupied by low-income citizens affected by energy poverty are the hardest to reach. The measures laid down in this Regulation with regard to energy savings obligations, energy efficiency obligation schemes and alternative policy measures are therefore of particular importance.

tenants sustainably, the cost-effectiveness of such measures, as well as affordability to owners and tenants should be taken into account, and adequate financial support for such measures should be guaranteed at Member State level. The Union's building stock will need to become, in the long term, NZEBs, in line with the objectives of the Paris Agreement. Present building renovation rates are insufficient and buildings occupied by low-income citizens 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.

32. AM 27(12e) The costs and benefits of all energy efficiency measures taken, including pay-back periods, should be made fully transparent to consumers.

(12e) The costs and benefits of all energy efficiency measures taken, including pay-back periods, should be made fully transparent to consumers.

33. (13) Energy generated on or in buildings from renewable energy technologies reduces the supplied fossil energy. The reduction of energy consumption and the use of energy from

AM 28(13) Energy generated on or in buildings from renewable energy technologies reduces the supplied fossil energy. The reduction of energy

(13) Energy generated on or in buildings from renewable energy technologies reduces the amount of energy supplied from fossil [ ]fuels. The



renewable sources in the buildings sector are important measures to reduce the Union’s energy dependency and greenhouse gas emissions, especially in view of ambitious climate and energy objectives set for 2030 as well as the global commitment made in the Conference of the Parties of the United Nation Framework Convention on Climate Change (COP21) held in Paris in December 2015. Member States should therefore be able to take into account a certain amount of renewable energy generated on or in buildings for own use into account to satisfy their energy savings requirements. For this purpose Member States should be allowed to use calculation methodologies established under Directive 2010/31/EU.

consumption and the use of energy from renewable sources in the buildings sector are important measures to reduce the Union’s energy dependency and greenhouse gas emissions, especially in view of ambitious climate and energy objectives set for 2030 as well as the global commitment made in the Conference of the Parties of the United Nation Framework Convention on Climate Change (COP21) held in Paris in December 2015. Member States should therefore be able to take into account a certain amount of renewable energy generated on or in buildings for own use into account to satisfy their energy savings requirements. For this purpose Member States should be allowed to use calculation methodologies established under Directive 2010/31/EU Agreement.

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 dependency and greenhouse gas emissions, especially in view of ambitious climate and energy objectives set for 2030 as well as the global commitment made in the Conference of the Parties of the United Nation Framework Convention on Climate Change (COP21) held in Paris in December 2015. For the purposes of the energy savings obligation in Article 7 Member States should therefore be able to take into account [ ]energy savings from renewable energy generated on or in buildings for own use [ ]to [ ]meet their energy savings requirements.[ ]

34. AM 29(13a) The energy balance in Member States' businesses and industries can be improved, building on the principles of the circular economy, by means of the proper use of industrial waste as secondary raw materials, provided that their energy potential is higher than the potential of alternative primary raw materials.

(13a) 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.35. AM 30

(13b) 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.

(13b) 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.

36. AM 31(13c) Member States should demonstrate a high degree of flexibility in the design and implementation of alternative measures for determining their national priorities for energy efficiency, including both energy efficient products and energy-efficient technological production processes. Support is required for actions focusing on targets related to the efficient use of natural resources or to the need to introduce the circular economy.

Openness towards EP's request to include the following sentence into a recital: "Member States should demonstrate a high degree of flexibility in the design and implementation of alternative measures”

37. (14) As part of the measures set out in the Commission's Communication New Deal for Energy Consumers, in the context of the Energy Union and the Heating and Cooling strategy, consumers' minimum rights to clear and timely information about their energy consumption need to be strengthened. Articles 9 to 11 and Annex VII of Directive 2012/27/EU should be amended to provide for frequent and

AM 32(14) As part of the measures set out in the Commission's Communication New Deal for Energy Consumers, in the context of the Energy Union and the Heating and Cooling strategy, consumers' minimum rights to accurate, reliable, clear and timely information about their energy consumption need to be strengthened. Whilst individual metering should continue to be

(14) As part of the measures set out in the Commission's Communication New Deal for Energy Consumers, in the context of the Energy Union and the Heating and Cooling strategy, consumers' minimum rights to clear and timely information about their energy consumption need to be strengthened. Articles 9 to 11

(14) As part of the measures set out in the Commission's Communication New Deal for Energy Consumers, in the context of the Energy Union and the Heating and Cooling strategy, consumers' minimum rights to accurate, reliable, clear and timely information about their energy consumption need to be strengthened.


enhanced feedback on energy consumption. It should also clarified that rights relating to billing and billing information apply for consumers of heating, cooling or hot water supplied from a central source even where they have no direct, individual contractual relationship with an energy supplier. Therefore, for the purposes of these provisions, the term 'final user', should cover final customers purchasing heating, cooling or hot water for their own use as well as occupants of individual units of multi-apartment or multi-purpose buildings where such units are supplied from a central source. The term 'sub-metering' should refer to measuring consumption in individual units of such buildings. By 1 January 2020 newly installed heat meters and heat cost allocators should be remotely readable to ensure cost-effective, frequent provision of consumption information. The new Article 9a is intended to apply only to heating, cooling and hot water supplied from a central source.

required where it is technically feasible and cost-effective in terms of being proportionate in relation to the potential energy savings, Articles 9 to 11 and Annex VII of to Directive 2012/27/EU should be amended to provide for frequent and enhanced feedback on energy consumption, taking into account the availability and capabilities of measurement devices, with the aim to optimise energy use. Member States should also take into account that the successful implementation of new technologies for measuring energy consumption require enhanced investment in education and skills for both users and energy suppliers. It should also be clarified that rights relating to billing and billing or consumption information apply for consumers of heating, cooling or hot water supplied from a central source even where they have no direct, individual contractual relationship with an energy supplier. Therefore, for the purposes of these provisions, the term 'final user', should cover in addition to final customers purchasing heating, cooling or hot water for their own use as well as end use, should also cover occupants of individual units of multi-apartment or multi-purpose buildings where such units are supplied from a central source who have no direct or individual contract with the energy supplier. The term 'sub-metering' should

and Annex VII of Directive 2012/27/EU should be amended to provide for frequent and enhanced feedback on energy consumption[ ], when this is technically feasible and cost-efficient in view of the measurement devices in place. It should be clarified that whether sub-metering is cost-efficient or not depends on whether the related costs are proportionate in relation to the potential energy savings. The assessment thereof may take into account the effect of other concrete, planned measures in a given building, such as a forthcoming renovation. It should also be clarified that rights relating to billing , and billing or consumption information apply for consumers of heating, cooling or hot water supplied from a central source even where they have no direct, individual contractual relationship with an energy supplier. The definition of the term 'final customer' may be understood to include only natural or legal persons purchasing energy based on a direct, individual contract

Articles 9 to 11 and Annex VII of Directive 2012/27/EU should be amended to provide for frequent and enhanced feedback on energy consumption[ ], when this is technically feasible and cost-efficient in view of the measurement devices in place. It should be clarified that whether sub-metering is cost-efficient or not depends on whether the related costs are proportionate in relation to the potential energy savings. The assessment thereof may take into account the effect of other concrete, planned measures in a given building, such as a forthcoming renovation.

(14a) It should also be clarified that rights relating to billing , and billing or consumption information apply for consumers of heating, cooling or hot water supplied from a central source even where they have no direct, individual contractual relationship with an energy supplier. The definition of the term 'final customer' may be understood to include only


refer to measuring consumption in individual units of such buildings. By 1 January 2020 newly installed heat meters and heat cost allocators should be remotely readable to ensure cost-effective, frequent provision of consumption information. The new Article 9a is intended to apply only to heating, cooling and hot water supplied from a central source.

with an energy supplier. Therefore, for the purposes of these provisions, the term 'final user'[ ]should [ ]be introduced to refer to a broader group of consumers. The term 'final user' should, in addition to final customers purchasing heating, cooling or hot water for their own end use[ ], cover also occupants of individual units of multi-apartment or multi-purpose buildings where such units are supplied from a central source[ ] and where the occupants have no direct or individual contract with the energy supplier. The term 'sub-metering' should refer to measuring consumption in individual units of such buildings. By 1 January 2020 [, or by the transposition date if that date is later,] newly installed heat meters and heat cost allocators should be remotely readable to ensure cost-effective, frequent provision of consumption information. The new [ ]Articles 9a [ ]9b, 9c, 10a, 11a and Annex VIIa are intended to apply only to heating, cooling and hot water supplied from a central source. Member States

natural or legal persons purchasing energy based on a direct, individual contract with an energy supplier. Therefore, for the purposes of these provisions, the term 'final user'[ ]should [ ]be introduced to refer to a broader group of consumers. The term 'final user' should, in addition to final customers purchasing heating, cooling or hot water for their own end use[ ], cover also occupants of individual buildings or of individual units of multi-apartment or multi-purpose buildings where such units are supplied from a central source[ ] and where the occupants have no direct or individual contract with the energy supplier. The term 'sub-metering' should refer to measuring consumption in individual units of such buildings.

(14b) By 1 January 2020 [, or by the transposition date if that date is later,] newly installed heat meters and heat cost allocators should be remotely readable to ensure cost-effective, frequent provision of consumption


are free to decide whether walk-by/drive-by technologies shall be considered remotely readable or not. Remotely readable devices do not require access to individual apartments or units to be read.

information. The new [ ]Articles 9a [ ]9b, 9c, 10a, 11a and Annex VIIa are intended to apply only to heating, cooling and hot water supplied from a central source. Member States are free to decide whether walk-by/drive-by technologies shall be considered remotely readable or not. Remotely readable devices do not require access to individual apartments or units to be read.

(14c) Member States should take into account that the successful implementation of new technologies for measuring energy consumption require enhanced investment in education and skills for both users and energy suppliers.

38. AM 33(14a) Billing information and annual statements are an important means by which customers are informed. Data on consumption and costs can also convey other information that helps consumers to compare their current deal with other offers and resort to complaint management and dispute resolutions.

(14a) To ensure transparency of accounting for individual consumption of thermal energy and thereby facilitate the implementation of sub-metering, Member States should make public any applicable national rules on the allocation of the cost of

(14a) Billing information and annual statements are an important means by which customers are informed. Data on consumption and costs can also convey other information that helps consumers to compare their current deal with other offers and resort to complaint management and


However, considering that bill-related disputes are a very common source of consumer complaints, a factor which contributes to persistently low levels of consumer satisfaction and engagement in the energy sector, 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.

heating, cooling and hot water consumption in multi-apartment and multi-purpose buildings. In addition to transparency, Member States may wish to consider taking measures to strengthen competition in the provision of sub-metering services and thereby help ensure that any costs borne by final users are reasonable.

dispute resolutions. However, considering that bill-related disputes are a very common source of consumer complaints, a factor which contributes to persistently low levels of consumer satisfaction and engagement in the energy sector, 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.

(14a) To ensure transparency of accounting for individual consumption of thermal energy and thereby facilitate the implementation of sub-metering, Member States should make public any applicable ensure the have in place transparent, publicly available national rules on the allocation of the cost of heating, cooling and hot water consumption in multi-apartment and multi-purpose buildings. In addition to


transparency, Member States may wish to consider taking measures to strengthen competition in the provision of sub-metering services and thereby help ensure that any costs borne by final users are reasonable.

Renumbering necessary at the end of the process

39. AM 34(14b) Small and medium-sized enterprises (SMEs) that fall within the scope of this Directive are those that employ fewer than 250 persons and which have an annual turnover not exceeding EUR 50 million, and/or an annual balance sheet total not exceeding EUR 43 million, in accordance with Article 2(1) of the Annex to Commission Recommendation 2003/361/EC1a.._______________1a. 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).

Maintain Council GA

40. (15) Certain provisions of Article 15 of Directive 2012/27/EU on energy transformation, transmission and distribution should be repealed . The review of the acquis in the energy field may result in Member States' obligations under the different energy related acts




being structured differently. This restructuring should not affect Member States' obligation to comply with the substantive requirements of Directive 2012/27/EU which may be reintroduced, completely or partially, in other acts.

41. AM 36(15b) The increase in energy efficiency is a direct result of the following steps in the energy generation and conversion processes: efficient conversion of primary energy into final energy, efficient transmission of this energy to consumers in the form of electricity, heat or fuels, and its sparing use by end users; the savings effect on the consumer market should not be considered to be a sole objective of such effectiveness, as this effect may result from unfavourable energy prices.

EP AM dropped

42. (16) 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 (PEF) for electricity. Calculations of the PEF 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

AM 37(16) Strictly limited to the objectives of this Directive and 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 carefully analysed and possibly reviewed in order to reflect changes in the primary energy factor (PEF) for electricity Calculations, reflecting the energy mix of the PEF for electricity are based on annual average values. The Physical energy content accounting method is used for nuclear


See line 225


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 CHP the method set out in Annex II of Directive 2012/27/EU is applied. An average market position is used rather than a marginal one. Conversion efficiencies are assumed to be 100 % for non-combustible renewables, 10 % for geothermal power stations and 33 % for nuclear power stations. Total efficiency for cogeneration is calculated based on the most recent data from Eurostat. As for system boundaries the PEF is 1 for all energy sources. Calculations are based on the most recent version of the PRIMES Reference Scenario. The PEF value is based on the projection for 2020. The analysis covers the EU Member States and Norway. The dataset for Norway is based on ENTSO-E data.

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 CHP the method set out in Annex II of Directive 2012/27/EU is applied. An average market position is used rather than a marginal one. Conversion efficiencies are assumed to be 100 % for non-combustible renewables, 10 % for geothermal power stations and 33 % for nuclear power stations. Total efficiency for cogeneration is calculated based on the most recent data from Eurostat. As for system boundaries the PEF is 1 for all energy sources. Calculations are based on the most recent version of the PRIMES Reference Scenario. The PEF value is based on the projection for 2020. The analysis covers the EU respective Member States and Norway. The dataset for Norway is based on ENTSO-E data State by way of a comparable and transparent methodology.

43. AM 38(16a) Taking into account that the European Council, in its conclusions of 10 June 2011 on the Energy Efficiency Plan, stressed that buildings represent 40 % of the Union's primary energy

EP AM dropped


consumption, which represents 50 % of final energy consumption, and, in order to enable economic growth and encourage employment in sectors requiring special qualifications, namely in the construction and construction products manufacturing sectors, in professional activities such as architecture and urban planning and advisory services concerning heating and cooling technologies, the Member States should establish a long-term strategy in those fields that would extend beyond 2020.

44. AM 39(16b) The primary energy factor (PEF) should be used as a tool to reduce the consumption of and dependency on fossil fuels and increase energy efficiency as well as the further expansion of renewable energy resources. In this regard, the default coefficient for savings in kWh electricity should be adapted when technological, economic or social developments demonstrate the need for a lower default coefficient. The Commission should analyse, and, if appropriate, present a legislative proposal to amend the default coefficient of the PEF by 2024.

EP AM dropped

45. (17) In order to ensure that the Annexes to the Directive and the harmonised efficiency reference values referred to in Article 14(10) can be updated, it is necessary to extend the delegation of powers granted to the

AM 40(17) In order to ensure that the Annexes to the Directive and the harmonised efficiency reference values referred to in Article 14(10) can be updated, it is necessary to extend the


Recital as a compromise to cover AMs 71 and 72:

(17) In order to ensure that the Annexes to the Directive and the harmonised


Commission. delegation of powers granted to the Commission.

efficiency reference values referred to in Article 14(10) can be updated, it is necessary to extend the delegation of powers granted to the Commission.

[This possibility could in particular be considered in order to align, to the extent appropriate, the requirements applicable for gas consumers in Annex VII to the updated requirements applicable to other energy forms as a result of the Clean Energy Package.]*

* EP ready to drop this paragraph if an agreement can be found on Article 24 (12b)

46. (18) In order to be able to evaluate the effectiveness of Directive 2012/27/EU, a requirement for a general review of the Directive and a report to the European Parliament and the Council by 28 February 2024 should be introduced.

AM 41(18) In order to be able to evaluate the effectiveness of Directive 2012/27/EU, a requirement for a general review of the that Directive and to submit a report to the European Parliament and the Council by 28 February 2024 should be introduced. This date will be after the UNFCCC global stocktake in 2023 in order to allow necessary alignments to that process to be introduced, also taking into account economic and innovation developments.


(18) In order to be able to evaluate the effectiveness of Directive 2012/27/EU, a requirement for a general review of the that Directive and to submit a report to the European Parliament and the Council by 28 February 2024 should be introduced. This date will be after the UNFCCC global stocktake in 2023 in order to allow necessary alignments to that process to be introduced, also taking into


account economic and innovation developments.

47. (19) In accordance with the Joint Political Declaration of 28 September 2011 of Member States and the Commission on explanatory documents7, Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments. With regard to this Directive, the legislator considers the transmission of such documents to be justified.



48. AM 42(19a) Member States whose per capita GDP is lower than the average Union per capita GDP should be able to increase the consumption of primary energy, provided that its conversion into final energy, its further transmission and distribution, as well as useful savings on the consumer market takes into account a significant increase in energy efficiency at each stage of a technological process consisting in the flow of released primary energy stream.

EP AM dropped

49. AM 43(19b) Local and regional authorities

(19b) Local and regional authorities should be given a

7 OJ C 369, 17.12.2011, p. 14.


should be given a leading role in the development and design, execution and assessment of the measures laid down in the Directive, so that they are able properly to address the specific features of their own climate, culture and society.

leading role in the development and design, execution and assessment of the measures laid down in the Directive, so that they are able properly to address the specific features of their own climate, culture and society.

50. (20) Directive 2012/27/EU should therefore be amended accordingly,



51. HAVE ADOPTED THIS DIRECTIVE: Commission proposal unchanged


52. Article 153. Directive 2012/27/EU is amended as

follows:Commission proposal unchanged


54. Article 155. (1) In Article 1, paragraph 1 is

replaced by the following:Commission proposal unchanged


56. ‘1. This Directive establishes a common framework of measures to promote energy efficiency within the Union in order to ensure that the Union’s 2020 20 % headline targets and its 2030 30 % binding headline targets on energy efficiency are met and paves the way for further energy efficiency improvements beyond those dates. It lays down rules designed to remove barriers in the energy market and overcome market failures that impede efficiency in the supply and use of energy, and provides for the establishment of indicative national energy efficiency targets and

AMs 110/rev and 1001. This Directive establishes a common framework of measures to promote energy efficiency within the Union, implementing the ‘energy efficiency first’ principle throughout the full energy chain, including energy generation, transmission, distribution and end-use, in order to ensure that the Union’s 2020 20 % headline targets and its 2030 30 minimum 35 % binding headline targets on energy efficiency are met and paves the way for further energy efficiency improvements beyond those dates2030, in line with the

1. This Directive establishes a common framework of measures to promote energy efficiency within the Union in order to ensure that the Union’s 2020 20 % headline targets and its 2030 30 % binding headline targets on energy efficiency are met and paves the way for further energy efficiency improvements beyond those dates. It lays down rules designed to remove barriers in the energy market and overcome

See Presidency's newly proposed package deal (in the cover page)


contributions for 2020 and 2030.’; Union's long-term energy and climate goals for 2050 and the Paris Agreement. It lays down rules designed to remove barriers in the energy market and overcome market failures that impede efficiency in the supply and use of energy, and provides for the establishment of indicative national energy efficiency targets and contributions for 2020 and national energy efficiency targets for 2030.

market failures that impede efficiency in the supply and use of energy, and provides for the establishment of indicative national energy efficiency targets and contributions for 2020 and 2030.’

57. AM 461a. This Directive contributes to the implementation of the ‘energy efficiency first’ principle and ensures that energy efficiency and demand side response can compete on equal terms with generation capacity. Energy efficiency shall be considered where energy system relevant planning or financing decisions are taken.

1a. This Directive contributes to the implementation of the ‘energy efficiency first’ principle, in accordance with the [Governance Regulation].

58. AM 471b. In order to mobilise private financing for energy efficiency measures and energy renovations, the Commission shall start a dialogue with both public and private financial institutions to map out potential policy mechanisms. Given the large potential for energy efficiency improvements in the building sector, investments in that sector shall be particularly considered, with a primary focus on residential buildings with low-income households at risk of energy poverty. In addition, to

1b. In order to mobilise private financing for energy efficiency measures and energy renovations, in line with the approach taken in the Energy Performance of Buildings Directive, the Commission shall conduct a dialogue with both public and private financial institutions to map out potential actions it can take.

Such actions shall include:


make investments in energy efficiency projects more financially interesting and feasible for investors, the Commission shall consider options on how to bundle small projects into larger ones. The Commission shall provide guidance for Member States on how to unlock private investment by 1 January 2019.

a) Mobilising capital investment into energy efficiency by considering the wider impacts of energy savings for financial risk management.

b) 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.

In this respect, Member States when implementing this Directive shall:

a) Consider ways to make better use of energy audits under Article 8 to influence decision-making;

b) Make optimal use of the possibilities and tools proposed in the smart finance for smart


buildings initiative.

The Commission shall provide guidance for Member States on how to unlock private investment by 1 January 2020.

Text to be moved to Article 20 dealing with financing (technical adaptation)

59. Article 360. (2) Article 3 is replaced by the

following:Commission proposal unchanged


61. 'Article 3Energy efficiency targets



62. 1. Each Member State shall set an indicative national energy efficiency target for 2020, based on either primary or final energy consumption, primary or final energy savings, or energy intensity. Member States shall notify those targets to the Commission in accordance with Article 24(1) and Annex XIV Part 1. When doing so, they shall also express those targets in terms of an absolute level of primary energy consumption and final energy consumption in 2020 and shall explain how, and on the basis of which data, this has been calculated.



63. When setting those targets, Member States shall take into account:



64. (a) that the Union’s 2020 energy consumption has to be no more than 1 483 Mtoe of primary energy and no more than 1 086 Mtoe of final energy;

AM 51(a) that the Union’s 2020 energy consumption has to be no more than 1 483 Mtoe of primary energy and or no

(a) that the Union’s 2020 energy consumption has to be no more than 1 483 Mtoe of primary energy [ ]or no more

(a) that the Union’s 2020 energy consumption has to be no more than 1 483 Mtoe of primary energy and or no more


more than 1 086 Mtoe of final energy; than 1 086 Mtoe of final energy; than 1 086 Mtoe of final energy;

65. (b) the measures provided for in this Directive;


66. (c) the measures adopted to reach the national energy saving targets adopted pursuant to Article 4(1) of Directive 2006/32/EC; and


67. (d) other measures to promote energy efficiency within Member States and at Union level.



68. When setting those targets, Member States may also take into account national circumstances affecting primary energy consumption, such as:



69. (a) remaining cost-effective energy-saving potential;



70. (b) GDP evolution and forecast; Commission proposal unchanged


71. (c) changes of energy imports and exports;



72. (d) development of all sources of renewable energies, nuclear energy, carbon capture and storage; and



73. (e) early action. Commission proposal unchanged


74. 2. By 30 June 2014, the Commission shall assess progress achieved and whether the Union is likely to achieve energy consumption of no more than 1 483 Mtoe of primary energy and no more than 1 086 Mtoe of final energy in 2020.

AM 512. By 30 June 2014, the Commission shall assess progress achieved and whether the Union is likely to achieve energy consumption of no more than 1 483 Mtoe of primary energy and and/or no more than 1 086 Mtoe of final energy in 2020.

2. By 30 June 2014, the Commission shall assess progress achieved and whether the Union is likely to achieve energy consumption of no more than 1 483 Mtoe of primary energy and/ or no more than 1 086 Mtoe of final energy in 2020.

2. By 30 June 2014, the Commission shall assess progress achieved and whether the Union is likely to achieve energy consumption of no more than 1 483 Mtoe of primary energy and and/or no more than 1 086 Mtoe of final energy in 2020.


75. 3. In carrying out the review referred to in paragraph 2, the Commission shall:



76. (a) sum the national indicative energy efficiency targets reported by Member States;



77. (b) assess whether the sum of those targets can be considered a reliable guide to whether the Union as a whole is on track, taking into account the evaluation of the first annual report in accordance with Article 24(1), and the evaluation of the National Energy Efficiency Action Plans in accordance with Article 24(2);



78. (c) take into account complementary analysis arising from:



79. (i) an assessment of progress in energy consumption, and in energy consumption in relation to economic activity, at Union level, including progress in the efficiency of energy supply in Member States that have based their national indicative targets on final energy consumption or final energy savings, including progress due to these Member States’ compliance with Chapter III of this Directive;



80. (ii) results from modelling exercises in relation to future trends in energy consumption at Union level.



81. (d) compare the results under points (a) to (c) with the quantity of energy consumption that would be needed to achieve energy consumption of no more than 1 483 Mtoe of primary energy and no more than 1 086 Mtoe of final energy in 2020.

AM 51(d) compare the results under points (a) to (c) with the quantity of energy consumption that would be needed to achieve energy consumption of no more than 1 483 Mtoe of primary energy and and/or no more than 1 086 Mtoe of final energy in 2020.

(d)[ ] compare the results under points (a) to (c) with the quantity of energy consumption that would be needed to achieve energy consumption of no more than 1 483 Mtoe of primary energy and/ or no more than 1 086 Mtoe of final energy in

(d) compare the results under points (a) to (c) with the quantity of energy consumption that would be needed to achieve energy consumption of no more than 1 483 Mtoe of primary


2020 energy and and/or no more than 1 086 Mtoe of final energy in 2020.

82. 3a. By 31 October 2022, the Commission shall assess whether the Union has achieved its 2020 headline targets.

3a. By 31 October 2022, the Commission shall assess whether the Union has achieved its 2020 headline targets.

83. 4. Each Member State shall set indicative national energy efficiency contributions towards the Union's 2030 target referred to in Article 1 paragraph 1 in accordance with Articles [4] and [6] of Regulation (EU) XX/20XX [Governance of the Energy Union]. When setting those contributions, Member States shall take into account that the Union’s 2030 energy consumption has to be no more than 1 321 Mtoe of primary energy and no more than 987 Mtoe of final energy. Member States shall notify those contributions to the Commission as part of their integrated national energy and climate plans in accordance with the procedure pursuant to Articles [3] and [7] to [11] of Regulation (EU) XX/20XX [Governance of the Energy Union].’;

AM 1014. Each Member State shall set indicative national energy efficiency contributions targets towards the Union's 2030 target referred to in Article 1 paragraph 1 and in accordance with Articles [4] and [6] of Regulation (EU) XX/20XX [Governance of the Energy Union]. When setting those contributions, Member States shall take into account that the Union’s 2030 energy consumption has to be no more than 1 321 Mtoe of primary energy and no more than 987 Mtoe of final energy. Member States shall notify those contributions to the Commission as part of their integrated national energy and climate plans in accordance with the procedure pursuant to Articles [3] and [7] to [11] of Regulation (EU) XX/20XX [Governance of the Energy Union].

4. Each Member State shall set indicative national energy efficiency contributions towards the Union's 2030 target referred to in Article 1[ ](1) in accordance with Articles [4] and [6] of Regulation (EU) XX/20XX [Governance of the Energy Union]. When setting those contributions, Member States shall take into account that the Union’s 2030 energy consumption has to be no more than 1 321 Mtoe of primary energy and/or no more than 987 Mtoe of final energy. Member States shall notify those contributions to the Commission as part of their integrated national energy and climate plans in accordance with the procedure pursuant to Articles [3] and [7] to [11] of Regulation (EU) XX/20XX [Governance of the Energy Union].’;


84. Article 7


85. (3) Article 7 is replaced by the following:



86. 'Article 7Energy savings obligation



87. 1. Member States shall achieve cumulative end-use energy savings at least equivalent to:



88. (a) new savings each year from 1 January 2014 to 31 December 2020 of 1.5 % of annual energy sales to final customers by volume, averaged over the most recent three-year period prior to 1 January 2013;

(a) new savings each year within the period from 1 January 2014 to 31 December 2020 of 1.5 % of annual energy sales to final customers by volume, averaged over the most recent three-year period prior to 1 January 2013;

Council GA likely to be accepted (drafting change)

89. (b) new savings each year from 1 January 2021 to 31 December 2030 of 1.5 % of annual energy sales to final customers by volume, averaged over the most recent three-year period prior to 1 January 2019.

AM 54, 105 and 107(b) new savings each year from 1 January 2021 to 31 December 2030 of at least 1.5 % of annual energy sales to final customers by volume averaged over the most recent three-year period prior to 1 January 2019.

(b) new savings each year within the period from 1 January 2021 to 31 December 2030, divided as follows:

- from 1 January 2021 to 31 December 2025 of 1.5 % of annual energy sales to final customers by volume, averaged over the most recent three-year period prior to 1 January 2019;

- from 1 January 2026 to 31 December 2030 of 1.0 % of annual energy sales to final customers by volume, averaged over the most recent three-year period prior to 1



January 2019.

By way of derogation, Cyprus and Malta shall achieve new savings each year from 1 January 2021 to 31 December 2030 equivalent to 0.8% of annual energy sales to final customers by volume, averaged over the most recent three-year period prior to 1 January 2019.

90. Member States shall continue to achieve new annual savings of 1.5% for ten year periods after 2030, unless reviews by the Commission by 2027 and every 10 years thereafter conclude that this is not necessary to achieve the Union's long term energy and climate targets for 2050.

[] See Presidency's newly proposed package deal (in the cover page)

91. AM 54, 105 and 107Savings in each period shall build cumulatively upon the amount of savings to be achieved in the previous period(s). Where earlier policy measures, programmes, and/or individual actions are no longer delivering savings, the loss of those savings shall be accounted for when calculating the overall amount of savings to be achieved at the end of each period, and the loss replaced by new savings.


92. AM 54, 105 and 107 See Presidency's newly


For the purposes of point (b), and without prejudice to paragraphs 2 and 3, Member States may count only those energy savings that stem from new policy measures introduced after 31 December 2020 or policy measures introduced during the period from 1 January2014 to 31December 2020 provided it can be demonstrated that those measures result in individual actions that are undertaken after 31 December 2020 and deliver savings.

Savings required for the purposes of period referred to in point (b) shall be cumulative and additional to the savings required for the period referred to in point (a). To that end, and without prejudice to paragraphs 2 and 3, Member States may count only those energy savings that stem from new policy measures introduced after 31 December 2020 or earlier policy measures introduced during the period from 1 January2014 to 31December 2020 provided it can be demonstrated that those measures result in new individual actions that are undertaken after 31 December 2020 and deliver savings. Member States may also count savings from the individual actions that are undertaken during the period from 1 January 2014 to 31 December 2020 provided that they continue to deliver verifiable energy savings after 2020.

For the purposes of point (b), and without prejudice to paragraphs 2 and 3, Member States may count [ ]energy savings that stem from [ ]policy measures, whether introduced after 31 December 2020 or [ ]before, provided [ ]that those measures result in new individual actions that are undertaken after 31 December 2020[ ].

proposed package deal (in the cover page)

93. The sales of energy, by volume, used in transport may be partially or fully excluded from these calculations.

AM 54, 105 and 107For the purposes of the period referred to in point (a) only, the sales of energy, by volume, used in transport may be partially or fully excluded from these calculations. Sales of energy used in transport shall be fully included in the calculations for the period referred to in point (b) and beyond.

The sales of energy, by volume, used in transport may be partially or fully excluded from [ ]those calculations.


94. Member States shall decide how the calculated quantity of new savings is to

Member States shall decide how the calculated quantity of new


be phased over each period referred to in points(a) and (b) as long as the required total cumulative savings have been achieved by the end of each period.

savings is to be phased over each period referred to in points (a) and (b) , provided that the required total cumulative savings have been achieved by the end of each period.

95. 2. Subject to paragraph 3, each Member State may:



96. (a) carry out the calculation required by point (a) of paragraph 1 using values of 1 % in 2014 and 2015; 1.25 % in 2016 and 2017; and 1.5 % in 2018, 2019 and 2020;



97. (b) exclude from the calculation all or part of the sales, by volume, of energy used in industrial activities listed in Annex I to Directive 2003/87/EC;



98. (c) allow 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 Article 14(4), point (b) of Article 14(5) and Article 15(1) to (6) and (9), to be counted towards the amount of energy savings required under paragraph 1;

AM 54, 105 and 107(c) allow 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 Article 14(4), point (b) of Article 14(5) and Article 15(1) to (6) and (9), to be counted towards the amount of energy savings required under point (a) and (b) of paragraph 1; and



99. (d) count energy savings resulting from individual actions newly implemented since 31 December 2008 that continue to have an impact in 2020 and beyond and which can be measured

AM 54, 105 and 107(d) count energy savings resulting from individual actions newly implemented since 31 December 2008 that continue to have an impact in 2020

(d) count energy savings resulting from individual actions newly implemented since 31 December 2008 that continue to have an impact in 2020 and



and verified, towards the amount of energy savings referred to in paragraph 1; and

and beyond and which can be measured and verified, towards the amount of energy savings referred to in point (a) of paragraph 1; and

beyond and which can be measured and verified, towards the amount of energy savings referred to in paragraph 1; [ ]

100. (e) count energy savings that stem from policy measures provided it can be demonstrated that those measures result in individual actions undertaken after 1 January 2018 and before 31 December 2020 which deliver savings after 31 December 2020


101. (e) exclude from the calculation of the energy savings requirement referred to in paragraph 1 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.

(e) exclude from the calculation of the energy savings requirement referred to in paragraph 1 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.

[ ] (f) exclude from the calculation of the energy savings requirement referred to in paragraph[ ] 1, 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.[ ]


102. 3. All the options chosen under paragraph 2 taken together must amount to no more than 25 % of the amount of energy savings referred to in paragraph 1. Member States shall apply and calculate the effect of the options chosen for the periods referred to in points (a) and (b) of paragraph 1 separately:

3. [ ] Member States shall apply and calculate the effect of the options chosen for the periods referred to in points (a) and (b) of paragraph 1 separately:


103. (a) for the calculation of the amount of energy savings required for the period

(a) for the calculation of the amount of energy savings

See Presidency's newly proposed package deal (in the


referred to in point (a) of paragraph 1 Member States may make use of points (a), (b), (c), and (d) of paragraph 2;

required for the period referred to in point (a) of paragraph 1 Member States may make use of points (a), (b), (c[ ]) and (d) of paragraph 2. All the options chosen under paragraph 2 taken together shall amount to no more than 25 % of the amount of energy savings referred to in paragraph 1 (a);

cover page)

104. (b) for the calculation of the amount of energy savings required for the period referred to in point (b) of paragraph 1 Member States may make use of points (b), (c), (d) and (e) of paragraph 2, provided individual actions in the meaning of point (d) continue to have a verifiable and measurable impact after 31 December 2020.

(b) for the calculation of the amount of energy savings required for the [ ]periods referred to in [ ]point (b) of paragraph 1 [ ]Member States may make use of [ ]points (b), (c[ ]) (d), (e) and ([ ]f) of paragraph 2, provided individual actions in the meaning of point (d) continue to have a verifiable and measurable impact after 31 December 2020. All the options chosen under paragraph 2 taken together shall amount to no more than 35 % of the amount of energy savings referred to in paragraph 1 (b).


105. 4. Energy savings achieved after 31 December 2020 may not count towards the cumulative savings amount required for the period from 1 January 2014 to 31 December 2020.



106. 4a. Member States that exceed the cumulative energy savings amount required from 1 January 2014 to 31



December 2020 may count any excess savings towards the cumulative energy savings amount required for the period to 31 December 2030.

107. 4b. Member States may allow obligated parties to 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 paragraph 1, provided that excess energy savings obtained from 1 January 2014 to 31 December 2020 may count towards the fulfilment of obligations between 1 January 2021 to 31 December 2030.


108. 5. Member States shall ensure that savings resulting from policy measures referred to in Articles 7a and 7b and Article 20(6) are calculated in accordance with Annex V.



109. 6. Member States shall achieve the required amount of savings under paragraph 1 either by establishing an energy efficiency obligation scheme referred to in Article 7a or by adopting alternative measures referred to in Article 7b. Member States may combine an energy efficiency obligation scheme with alternative policy measures.




110. 6a. In designing policy measures referred to in Article 7a and 7b, Member States shall take into account the need to alleviate energy poverty, in accordance with the criteria defined by Member States and taking into account their existing practices in this field. 8


111. 7. Member States shall demonstrate that where there is an overlap in the impact of policy measures or individual actions, there is no double counting of energy savings.’;

7. Member States shall demonstrate that where there is an overlap in the impact of policy measures or individual actions, there is no double counting of energy savings.[ ]

7. Member States shall demonstrate that where there is an overlap in the impact of policy measures or individual actions, there is no double counting of energy savings.[ ]

112. 8. By 30 June 2024, the Commission shall assess progress achieved towards the headline targets set out in Article 3(4) and whether in the light of this assessment the value laid down in the second indent of paragraph 1(b) should be increased up to 1.5% for the period from 2026-2030. If appropriate, the Commission shall submit a legislative proposal to this end.


113. (4) The following Articles 7a and 7b are inserted:

(4) The following Articles [ ]are inserted:

8 Subject to the outcome of the discussions on Directive [XXXX] on common rules for the internal market in electricity, Article 29 of that Directive may be cross-referenced.


114. Article 7a115. 'Article 7a

Energy efficiency obligation schemesCommission proposal unchanged


116. 1. Where Member States decide to fulfil their obligations to achieve the amount of savings required under Article 7 (1) by way of an energy efficiency obligation scheme they shall ensure that obligated parties referred to in paragraph 2 operating in each Member State’s territory achieve, without prejudice to Article 7(2), the cumulative end-use energy savings requirement set out in Article 7(1).

AM 551. Where Member States decide to fulfil their obligations to achieve the amount of savings required under Article 7 (1) by way of an energy efficiency obligation scheme they shall ensure that obligated parties referred to in paragraph 2 operating in each Member State’s territory achieve, without prejudice to Article 7(2), the cumulative end-use energy savings requirement set out in Article 7(1) or allow the obligated parties to contribute annually to the Energy Efficiency National Fund in accordance with Article 20(6).

1. Where Member States decide to fulfil their obligations to achieve the amount of savings required under Article 7 (1) by way of an energy efficiency obligation scheme they shall ensure that obligated parties referred to [ ]in paragraph 2 of this Article operating in each Member State’s territory achieve, without prejudice to Article 7(2), the cumulative end-use energy savings requirement set out in Article 7(1).

"Where Member States decide to fulfil their obligations to achieve the amount of savings required under Article 7 (1) by way of an energy efficiency obligation scheme they shall ensure that obligated parties referred to in paragraph 2 operating in each Member State’s territory achieve, without prejudice to Article 7(2), their cumulative end-use energy savings requirement set out in Article 7(1).Where applicable, Member States may decide that obligated parties fulfill all or part of savings as a contribution to the Energy Efficiency National Fund in accordance with Article 20(6)."

Recital to be added along these lines:

"In obligation schemes, as an alternative to requiring obligated parties to achieve the amount of savings required under Article 7 (1), it should be


possible for Member States to permit or require obligated parties to contribute to an Energy Efficiency National Fund".

117. 2. Member States shall designate, on the basis of objective and non-discriminatory criteria, obligated parties among energy distributors and/or retail energy sales companies operating in its territory and may include transport fuel distributors or transport fuel retailers operating in its 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 7(1), or, if Member States so decide, through certified savings stemming from other parties as described in point (b) of paragraph 5.

AM 562. Member States shall designate, on the basis of objective and non-discriminatory criteria, obligated parties among energy distributors and/or, retail energy sales companies operating in its territory and may include and transport fuel distributors or transport fuel retailers operating in its 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 7(1), or, if Member States so decide, through certified savings stemming from other parties as described in point (b) of paragraph 5.

2. Member States shall designate, on the basis of objective and non-discriminatory criteria, obligated parties among energy distributors and/or retail energy sales companies operating in its territory and may include transport fuel distributors or transport fuel retailers operating in its 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 7(1), or, if Member States so decide, through certified savings stemming from other parties as described in point (b) of paragraph 5 of this Article.

2. Member States shall designate, on the basis of objective and non-discriminatory criteria, obligated parties among energy distributors and/or, retail energy sales companies operating in its territory and may include and transport fuel distributors or transport fuel retailers operating in its 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 7(1), or, if Member States so decide, through certified savings stemming from other parties as described in point (b) of paragraph 5 of this Article.

In addition a recital will be added along these lines:

“Member States should designate obligated parties among energy distributors,


retail energy sales companies and transport fuel distributors or retailers on the basis of objective and non discriminatory criteria. The designation or the exemption as obligated parties of certain categories of suppliers of the abovementioned should not be understood as incompatible with the principle of non-discrimination. Therefore, Member States are able to choose whether the obligation applies to all of the abovementioned categories of suppliers or only to certain categories.”

118. AM 572a. Where retail energy sales companies are designated as obligated parties according to paragraph 2, Member States shall ensure that in fulfilling their obligation, retail energy sales companies do not create any barriers for consumers to switch from one supplier to another.

2a. Where retail energy sales companies are designated as obligated parties according to paragraph 2, Member States shall ensure that in fulfilling their obligation, retail energy sales companies do not create any barriers for consumers to switch from one supplier to another.

[to be aligned to Article 12 of the Electricity Directive - technical adaptation]

119. 3. Member States shall express the amount of energy savings required of each obligated party in terms of either final or primary 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. The conversion factors set out in Annex IV shall apply.

120. 4. Member States shall put in place measurement, control and verification system under which documented audits are carried out on a statistically significant proportion and representative sample of the energy efficiency improvement measures put in place by the obligated parties. This measurement, control and verification shall be conducted independently of the obligated parties.

Member States shall put in place measurement, control and verification [ ]system s under which [ ]at least a statistically significant proportion and representative sample of the energy efficiency improvement measures put in place by the obligated parties is verified. This measurement, control and verification shall be conducted independently of the obligated parties.

Member States shall put in place measurement, control and verification system s 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 obligated parties is verified . This measurement, control and verification shall be conducted independently of the obligated parties.

121. 5. Within the energy efficiency obligation scheme, Member States:



122. (a) shall include requirements with a social aim in the saving obligations they impose, including by requiring a share of energy efficiency measures to be implemented as a priority in households affected by energy poverty and in social housing;

[ ] See Presidency's newly proposed package deal (in the cover page)

123. (b) may permit obligated parties to count towards their obligation certified energy savings achieved by energy service providers or other third parties including when obligated parties

AM 59(b) may permit obligated parties to count towards their obligation certified energy savings achieved by energy service providers or other third parties

(b) may permit obligated parties to count towards their obligation certified energy savings achieved by energy service providers or other third

(b) may permit obligated parties to count towards their obligation certified energy savings achieved by energy service providers or other third


promote measures through other State-approved bodies or through public authorities that may or may not involve formal partnerships and may be in combination with other sources of finance. Where Member States so permit, they shall ensure that an approval process is in place which is clear, transparent and open to all market actors, and which aims at minimising the costs of certification;

including when obligated parties promote measures through other State-approved bodies or through public authorities that may or may not involve formal partnerships and may be in combination with other sources of finance. Where Member States so permit, they shall ensure that an accredited approval process is in place which is clear, transparent, participative and open to all market actors, and which aims at minimising the costs of certification;

parties including when obligated parties promote measures through other State-approved bodies or through public authorities that may or may not involve formal partnerships and may be in combination with other sources of finance. Where Member States so permit, they shall ensure that an approval process is in place which is clear, transparent and open to all market actors, and which aims at minimising the costs of certification[ ].

parties including when obligated parties promote measures through other State-approved bodies or through public authorities that may or may not involve formal partnerships and may be in combination with other sources of finance. Where Member States so permit, they shall ensure that the certification of energy savings follows an accredited approval process that is put in place in the Member States and which is clear, transparent, participative and open to all market actors, and which aims at minimising the costs of certification.

124. (c) may allow obligated parties to 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 7(1).


125. AM 60(ca) allow additional savings achieved through more sustainable technologies in district heating and cooling systems in urban environments (leading equally to reductions of pollutants and particulates) to be counted towards the amount of energy savings required under paragraph 1;

EP AM dropped; covered by recital 7aa

126. AM 61 EP AM dropped; covered by


(cb) promote the adoption of measures that tackle the heating and cooling potential for energy savings, possibly providing additional rewards for interventions resulting in pollution mitigation;

recital 7aa

127. AM 62(cc) establish instruments that certify energy savings resulting from energy audits or equivalent energy management systems referred to in Article 8 in order to count those savings towards the amount of energy savings required under paragraph 1;


128. AM 63(cd) may permit obligated parties to count towards their obligation the end-use energy savings achieved in efficient heating and cooling infrastructure;


129. AM 65(cf) shall assess and take measures to minimise the impact of the direct and indirect costs of such schemes on the competitiveness of energy-intensive industries exposed to international competition.

(cf) shall assess and, if appropriate, take measures to minimise the impact of the direct and indirect costs of such schemes on the competitiveness of energy-intensive industries exposed to international competition.

130. 6. Once a year, Member States shall publish the energy savings achieved by each obligated party, or each sub-category of obligated party, and in total under the scheme.



131. AM 666a. As part of their integrated

6a. In accordance with applicable obligation


national energy and climate plans, Member States shall inform the Commission about their intended policy measures under point (c) of Article 7(2). The impact of these measures shall be calculated and included in those plans. The calculation used by the Member States shall be based on objective, non-discriminatory criteria, to be drawn up in consultation with the Commission, by 1 January 2019.

[Governance Regulation], as part of their integrated national energy and climate plans, Member States shall inform the Commission about their intended policy measures [under point (c) of Article 7(2)]*. The impact of these measures shall be calculated on the basis of objective and non-discriminatory criteria in accordance with Annex V and included in those plans.

132. Article 7b133. 'Article 7b

Alternative policy measuresCommission proposal unchanged


134. 1. Where Member States decide to fulfil their obligations to achieve the savings required under Article 7(1) by way of alternative policy measures they shall ensure that the energy savings required under Article 7(1) are achieved among final customers.

AM 671. Where Member States decide to fulfil their obligations to achieve the savings required under Article 7(1) by way of alternative policy measures they shall ensure that the energy savings required under Article 7(1) are fully achieved among final customers.


1. Where Member States decide to fulfil their obligations to achieve the savings required under Article 7(1) by way of alternative policy measures they shall ensure, [without prejudice to Article 7(2)]*, that the energy savings required under Article 7(1) are achieved among final customers.

*To be aligned to final agreement on Article 7

135. AM 681a. Furthermore, all opportunities to increase energy efficiency, including from higher performing fuel used in transport shall be eligible towards the cumulative end-use energy savings



requirement set out in Article 7(1).136. 2. In designing alternative policy

measures to achieve energy savings, Member States shall take into account the effect on households affected by energy poverty.

AM 692. In designing alternative policy measures to achieve energy savings, Member States shall take into account the effect on low-income households, including those affected by energy poverty, and ensure measures are implemented as a priority in those households and in social housing.

Member States shall calculate the amount of savings achieved in those households as compared to the total amount of savings achieved in all households under this Article.

Those savings shall be published and included in the integrated national energy and climate progress reports in accordance with Article 21 of Regulation (EU) XX/20XX [Governance of the Energy Union].


137. 3. For all measures other than those relating to taxation measures, Member States shall put in place measurement, control and verification systems under which documented audits are carried out on a statistically significant proportion and representative sample of the energy efficiency improvement measures put in place by the participating or entrusted parties. This measurement, control and verification shall be conducted independently of the participating and entrusted parties.’;

For all measures other than those relating to taxation measures, Member States shall put in place measurement, control and verification systems under which [ ]at least a statistically significant proportion and representative sample of the energy efficiency improvement measures put in place by the participating or entrusted parties is verified. This measurement, control and verification shall be conducted

F For all measures other than those relating to taxation measures, 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 is verified . This


independently of the participating [ ]or entrusted parties.’;

measurement, control and verification shall be conducted independently of the participating [ ]or entrusted parties.’;

138. Article 7c139. AM 70

(4a) The following article is inserted:

‘Article 7cProvision of energy efficiency services

The Commission, in close cooperation with Member States, shall ensure that services on the energy efficiency market are provided in a transparent competitive context in order to enable the final consumer to enjoy the benefits, in terms of lower costs and better quality of service, associated with energy efficiency measures. To that end, Member States shall ensure that businesses, particularly SMEs, have non-discriminatory access to the market in energy efficiency services, thereby enabling them to participate on equal terms with vertically integrated operators and overcoming the positions of competitive advantage established for distributors or sellers of energy. Member States shall accordingly adopt every act necessary to ensure that integrated operators offer third parties the same conditions and means as they employ to provide energy efficiency services.’

EP AM dropped


140. Article 9141. (5) Article 9 is amended as follows: Commission proposal

unchangedCommission proposal unchanged

142. (a) the title is replaced by the following:

‘Metering for gas’;



143. (b) in paragraph 1, the first subparagraph is replaced by the following;



144. ‘Member States shall ensure that, in so far as it is technically possible, financially reasonable and proportionate in relation to the potential energy savings, final customers for natural gas 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.’;

AM 71Member States shall ensure that, in so far as it is technically possible, financially reasonable and proportionate in relation to the potential energy savings, final customers for natural gas are provided with, as regards the selected technology and functionality, with competitively priced individual meters and heating controls that accurately reflect the final customer's actual energy consumption and that provide information on actual time of use and others features, as applicable in alignment with the provisions related to electricity metering in Articles 19 to 22 of Directive (EU) .../... [on common rules for the internal market in electricity (recast)].


Covered by recital 17 (line 45)

145. (c) paragraph 2 is amended as follows;



146. (i) the introductory phrase is replaced by the following:




‘Where, and to the extent that, Member States implement intelligent metering systems and roll out smart meters for natural gas in accordance with Directive 2009/73/EC.’;

147. (ii) points(c) and (d) are deleted; Commission proposal unchanged


148. AM 72Article 9 - paragraph 2 - subparagraph 1 a (new)

(iia) The smart metering system shall provide final consumers with access to their energy consumption data and time series on the market settlement periods.

EP AM dropped, subject to an agreement on Art. 24 (12b)

149. (d) paragraph 3 is deleted; AM 73(d) paragraph 3 is deleted replaced by the following:



150. AM 733. Concerning data format and functionalities the provisions shall be aligned to Articles 18 to 21 of Directive 2009/72/EC of the European Parliament and of the Council 1a as far as appropriate. Consumer data shall be treated in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council1b. No costs shall be charged to final customers for access to their data in a format that is useful for them.__________________1a. Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market



in electricity and repealing Directive 2003/54/EC (OJ L 211, 14.8.2009, p. 55).1b Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).’

151. (6) the following Article 9a is inserted:

(6) the following Articles [ ]are inserted:

(6) the following Articles [ ]are inserted:

152. Article 9a153. ‘Article 9a

Metering, sub-metering and cost allocation for heating and cooling and domestic hot water

‘Article 9aMetering[ ] for heating[ ], cooling and domestic hot water

‘Article 9aMetering[ ] for heating[ ], cooling and domestic hot water

154. 1. Member States shall ensure that final customers for district heating, district cooling and domestic hot water are provided with competitively priced meters that accurately reflect the final customer’s actual energy consumption.

Where heating and cooling or hot water are supplied to a building from a central source servicing multiple buildings or from district heating and cooling network, a heat or hot water meter shall always be installed at the heat exchanger or point of delivery.

AM 741. Member States shall ensure that final customers for district heating, district cooling and domestic hot water are provided with competitively priced meters that accurately reflect the final customer’s actual energy consumption.

Where heating and, cooling or hot water are supplied to a building from a central source servicing multiple buildings or from a district heating and or cooling network, a heat or hot water meter shall always be installed at the heat exchanger or point of delivery.

[ ]Member States shall ensure that final customers for district heating, district cooling and domestic hot water are provided with competitively priced meters that accurately reflect the final customer’s actual energy consumption.

Where heating[ ], cooling or hot water are supplied to a building from a central source servicing multiple buildings or from a district heating[ ], or cooling network, a [ ]meter shall[ ] be

[ ]Member States shall ensure that final customers for district heating, district cooling and domestic hot water are provided with competitively priced meters that accurately reflect the final customer’s actual energy consumption.

Where heating[ ], cooling or hot water are supplied to a building from a central source servicing multiple buildings or from a district heating[ ], or cooling network, a [ ]meter shall[ ] be


installed at the heat exchanger or point of delivery.

installed at the heat exchanger or point of delivery.

155. Article 9b156. Article 9b

S ub-metering and cost allocation for heating, cooling and domestic hot water

Article 9bS ub-metering and cost allocation for heating, cooling and domestic hot water

157. 2. In multi-apartment and multi-purpose buildings with a central heating or cooling source or supplied from district heating and cooling systems, individual meters shall be installed to measure the consumption of heat or cooling or hot water for each building unit.

Where the use of individual meters is not technically feasible or where it is not cost-efficient to measure heating or cooling 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 conditions of technical non-feasibility and non-cost effectiveness shall be clearly set out and published by each Member State.

In new buildings of the kind referred to

AM 742. In multi-apartment and multi-purpose buildings with a central heating or cooling source or supplied from district heating and cooling systems, individual meters shall be installed to measure the consumption of heat or cooling or 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 heating or cooling 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 conditions of After

[ ] 1. In multi-apartment and multi-purpose buildings with a central heating or cooling source or supplied from district heating [ ]or cooling systems, individual meters shall be installed to measure the consumption of heat or cooling or 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 heating[ ] 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

[ ] 1. In multi-apartment and multi-purpose buildings with a central heating or cooling source or supplied from district heating and or cooling systems, individual meters shall be installed to measure the consumption of heat or cooling or 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 heating[ ] 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


in the first sub-paragraph or when such a building undergoes major renovation, as set out in Directive 2010/31/EU, individual meters shall always be provided.

consulting the Commission, the general criteria, methodologies and/or procedures to determine technical non-feasibility and non-cost effectiveness shall be clearly set out and published by each Member State.

efficient. In those cases, alternative cost-efficient methods of heat consumption measurement may be considered. [ ]The general criteria, methodologies and/or procedures to determine technical non-feasibility and non-cost effectiveness shall be clearly set out and published by each Member State.

efficient. In those cases, alternative cost-efficient methods of heat consumption measurement may be considered. [ ]The general criteria, methodologies and/or procedures to determine technical non-feasibility and non-cost effectiveness shall be clearly set out and published by each Member State.

158. In new multi-apartment buildings of the kind referred to and in the first sub-paragraph or when such a building undergoes major renovation, as set out in Directive 2010/31/EU residential part of new multi-purpose buildings, where these have a central heating source for hot water or are supplied from district heating systems, individual meters shall always, notwithstanding the first and second subparagraphs, be provided for hot water.

2. In new multi-apartment buildings [ ]and in the [ ]residential part of new multi-purpose buildings, where these have a central heating source for hot water or [ ]are supplied from district heating systems, individual meters shall[ ], notwithstanding paragraph 1, be provided[ ] for hot water.

2. In new multi-apartment buildings and in the residential part of new multi-purpose buildings, where these have a central heating source for hot water or are supplied from district heating systems, individual meters shall, notwithstanding the first sub-paragraph of paragraph 1, be provided for hot water.

159. 3. Where multi-apartment and multi-purpose buildings are supplied from district heating or cooling, or where own common heating or cooling systems for such buildings are prevalent, Member States shall introduce transparent rules on the allocation of the cost of heating, cooling and hot water consumption in such buildings to ensure transparency

3. Where multi-apartment and multi-purpose buildings are supplied from district heating or cooling, or where own common heating or cooling systems for such buildings are prevalent, Member States shall [ ]make public in a transparent way any applicable national rules on the

3. Where multi-apartment and multi-purpose buildings are supplied from district heating or cooling, or where own common heating or cooling systems for such buildings are prevalent, Member States shall ensure they have in place transparent, publicly


and accuracy of accounting for individual consumption including:

allocation of the cost of heating, cooling and 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 way to allocate cost for heat and /or hot water that is used as follows.

available national rules on the allocation of the cost of heating, cooling and 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 way to allocate cost for heat and /or hot water energy that is used as follows:

160. (a) hot water for domestic needs; Commission proposal unchanged


161. (b) heat radiated from the building installation and for the purpose of heating the common areas (where staircases and corridors are equipped with radiators);



162. (c) for the purpose of heating or cooling apartments.

(c) for the purpose of heating [ ]apartments.

(c) for the purpose of heating or cooling apartments.

163. Article 9c164. Article 9c

Remote reading requirementArticle 9cRemote reading requirement

165. 4. For the purposes of this Article, as of 1 January 2020 meters and cost allocators installed shall be remotely readable devices.Meters and cost allocators that have already been installed but which are not remotely readable shall be provided with this capability or be replaced with remotely readable devices by 1 January

AM 744. For the purposes of this Article, as of 1 January 2020 meters and heat cost allocators newly installed shall be remotely readable devices. The conditions regarding technical feasibility and cost effectiveness set out in the first and second subparagraphs of paragraph 2 shall continue to apply.

1. For the purposes of [ ]Articles 9a and 9b, meters and heat cost allocators installed on or after 1 January 2020 [or the transposition date if that date is later] shall be remotely readable devices. The conditions of technical feasibility and cost

1. For the purposes of [ ]Articles 9a and 9b, meters and heat cost allocators installed on or after 1 January 2020 [or the transposition date if that date is later] shall be remotely readable devices. The conditions of technical


2027, except where the Member State in question shows that this is not cost-efficient.’;

Meters and heat cost allocators that have already been installed but which are not remotely readable shall be provided with this capability or be replaced with remotely readable devices by 1 January 2027, except where the Member State in question shows that this is not cost-efficient.

effectiveness set out in the first and second subparagraphs of Article 9b(1) shall continue to apply.

2. Meters and heat cost allocators that have already been installed but which are not remotely readable shall be provided with this capability or be replaced with remotely readable devices by [ ]xxxx [ten years after the entry into force of this Directive], except where the Member State in question shows that this is not cost-efficient.';

feasibility and cost effectiveness set out in the first and second subparagraphs of Article 9b(1) shall continue to apply.

Meters and heat cost allocators that have already been installed but which are not remotely readable shall be provided with this capability or be replaced with remotely readable devices by 1 January 2027, except where the Member State in question shows that this is not cost-efficient.




‘Billing information for gas’;



169. (b) paragraph 1 is replaced by the following:

(b) the first sub-paragraph of paragraph 1 is replaced by the following:

(b) the first sub-paragraph of paragraph 1 is replaced by the following:

170. ‘1. Where final customers do not have smart meters as referred to in Directive 2009/73/EC, Member States shall ensure, by 31 December 2014, that billing information is accurate and based on actual consumption, in accordance

AM 751. Where final customers do not have smart meters as referred to in Directive 2009/73/EC, Member States shall ensure, by 31 December 2014, that billing information is reliable, accurate

‘1. Where final customers do not have smart meters as referred to in Directive 2009/73/EC, Member States shall ensure, by 31 December 2014, that billing information is accurate and

1. Where final customers do not have smart meters as referred to in Directive 2009/73/EC, Member States shall ensure, by 31 December 2014, that billing information is


with point 1.1 of Annex VII, for gas, where this is technically possible and economically justified.’;

and based on actual consumption, in accordance with point 1.1 of Annex VII, for gas, where this is technically possible and economically justified.

based on actual consumption, in accordance with point 1.1 of Annex VII, for gas, where this is technically possible and economically justified.’;

reliable, accurate and based on actual consumption, in accordance with point 1.1 of Annex VII, for gas, where this is technically possible and economically justified.

171. (c) in paragraph 2 the first subparagraph is replaced by the following: ’

‘Meters installed in accordance with Directive 2009/73/EC shall enable accurate billing information based on actual consumption. Member States shall ensure that final customers have the possibility of easy access to complementary information on historical consumption allowing detailed self-checks.’;

AM 76(c) in paragraph 2 the first subparagraph is replaced by the following: ’

‘Meters installed in accordance with Directive 2009/73/EC shall enable provide 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.’;

(c) [ ]the first subparagraph of paragraph 2 is replaced by the following:[ ]


(c) [ ]the first subparagraph of paragraph 2 is replaced by the following:[ ]


172. Article 10a173. (8) the following Article 10a is

inserted:(8) the following Article [ ]is inserted:

(8) the following Article [ ]is inserted:

174. ‘Article 10a

Billing and consumption information for heating and cooling and domestic hot water



175. 1. Member States shall ensure that billing and consumption information is accurate and based on actual consumption, in accordance with

AM 771. Member States shall ensure that where meters or heat cost allocators are installed, billing and consumption

1. Member States shall ensure that, where meters or heat cost allocators are installed, billing and

Accepted - last para of Council GA to be replaced by equivalent text in new "2a" proposed by EP (cf. AM77 which is


points 1 and 2 of Annex VIIa for all final users where meters or cost allocators are installed.

This obligation may, except in the case of sub-metered consumption under Article 9a(2), be fulfilled by a system of regular self-reading by the final customer whereby they communicate readings from their meter to the energy supplier. Only in cases where 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.

information is reliable, accurate and based on actual consumption or heat cost allocator readings, in accordance with points 1 and 2 of Annex VIIa for all final users where meters or cost allocators are installed, namely for natural or legal persons purchasing heating, cooling or hot water for their own end use, or natural or legal persons occupying an individual building or a unit in a multi-apartment or multi-purpose building supplied with heating, cooling or hot water from a central source who has no direct or individual contract with the energy supplier.

This obligation may, where a Member State so provides, and except in the case of sub-metered consumption based on heat cost allocators under Article 9a(2), be fulfilled by a system of regular self-reading by the final customer or final user whereby they communicate readings from their meter to the energy supplier. Only in cases 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.

consumption information is accurate and based on actual consumption or heat cost allocator readings, in accordance with points 1 and 2 of Annex VIIa for all final users[ ], that is, for natural or legal persons purchasing heating, cooling or hot water for their own end use, or natural or legal persons occupying an individual building or a unit in a multi-apartment or multi-purpose building supplied with heating, cooling or hot water from a central source who has no direct or individual contract with the energy supplier.

That obligation may, where a Member State so provides, and except in the case of sub-metered consumption based on heat cost allocators under Article[ ] 9b, be fulfilled by a system of regular self-reading by the final customer or final user whereby they communicate readings from their meter[ ]. Only in cases where the final customer or final user has not provided a meter reading for a given billing interval shall

accepted), subject to the correct cross-references


billing be based on estimated consumption or a flat rate.

Member States shall decide who should be responsible for providing the information referred to in paragraph 1 to those final users that have no direct or individual contract with the energy supplier

176. 2. Member States: Commission proposal unchanged


177. (a) shall require that, if information on the energy billing and historical consumption of final users is available, it be made available, to an energy service provider designated by the final user;

AM 77

(a) shall 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 by the final user, to an energy service provider designated by the final user;



178. (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 drawn up, especially where bills are not based on actual consumption;

(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 drawn up, especially where bills are not based on actual consumption;


(b) shall ensure that final customers are offered the option of electronic billing information and bills;

[deleted text replaced by similar text in Annex VIIa]

179. (c) shall ensure that appropriate information is provided with the bill based on actual consumption to all final users in accordance with point 3 of Annex VII;

AM 77(c) shall ensure that appropriate clear and understandable information is provided with the bill based on actual consumption to all final users in accordance with point 3 of Annex VII

(c) shall ensure that appropriate information is provided with the bill based on actual consumption or heat cost allocator readings to all final users in accordance with point 3

(c) shall ensure that appropriate clear and understandable information is provided with the bill based on actual consumption to all final users in accordance with point 3


VIIa; of Annex [ ]VIIa; of Annex VII VIIa;

180. (d) 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 flexible arrangements for actual payment are offered.’;



181. AM 77(da) shall promote cybersecurity and ensure the privacy and data protection of final users in compliance with relevant Union law.

(da) shall promote cybersecurity and ensure the privacy and data protection of final users in compliance with existing applicable relevant Union law.

182. AM 772a. Member States shall decide who is to be responsible for providing the information referred to in paragraphs 1 and 2 to final users that have no direct or individual contract with an energy supplier.

2a. Member States shall decide who is to be responsible for providing the information referred to in paragraphs 1 and 2 to final users that have no direct or individual contract with an energy supplier.




‘Cost of access to metering and billing information for gas’;



186. (b) paragraph 2 is deleted; Commission proposal unchanged


187. Article 11a188. (10) the following Article 11a is

inserted:(10) the following [ ]is inserted:

(10) the following [ ]is inserted:


189. ‘Article 11aCost of access to metering and billing information for heating and cooling

Article 11aCost of access to metering and billing and consumption information for heating[ ], cooling and domestic hot water

Article 11aCost of access to metering and billing and consumption information for heating[ ], cooling and domestic hot water

190. 1. Member States shall ensure that final customers receive all their bills and billing information for energy consumption free of charge and that final customers also have access to their consumption data in an appropriate way and free of charge.

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 also have access to their consumption data in an appropriate way and free of charge.

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 also have access to their consumption data in an appropriate way and free of charge.

191. 2. Notwithstanding paragraph 1, the distribution of costs of billing information for the individual consumption of heating, cooling and hot water in multi-apartment buildings pursuant to Article 9a(2) shall be carried out on a non-profit basis. Costs resulting from the assignment of this 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.’;

2. Notwithstanding paragraph 1, the distribution of costs of billing information for the individual consumption of heating, cooling and hot water in multi-apartment and multi-purpose buildings pursuant to Article [ ]9b shall be carried out on a non-profit basis. Costs resulting from the assignment of this 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.

2. Notwithstanding paragraph 1, the distribution of costs of billing information for the individual consumption of heating, cooling and hot water in multi-apartment and multi-purpose buildings pursuant to Article [ ]9b shall be carried out on a non-profit basis. Costs resulting from the assignment of this 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.


[ ] [ ]

192. 3. In order to ensure reasonable costs for sub-metering services as referred to in paragraph 2, Member States may stimulate competition in this service sector by taking appropriate measures, such as recommending or otherwise promoting the use of tendering and/or the use of interoperable devices facilitating switching between service providers.';

3. In order to ensure reasonable costs for sub-metering services as referred to in paragraph 2, Member States may stimulate competition in this service sector by taking appropriate measures, such as recommending or otherwise promoting the use of tendering and/or the use of interoperable devices and systems facilitating switching between service providers.';



195. AM 78(-a) in paragraph 4, the following subparagraph is added:

‘A common methodology shall be established by the Commission after consulting relevant stakeholders, in order to encourage network operators to reduce losses, implement a cost/energy effective infrastructure investment programme and properly account for the energy efficiency and flexibility of the grid. The Commission shall, by ... [12 months after the date of entry into force of this Directive], adopt a delegated act in accordance with Article 23, supplementing this Directive

(-a) in paragraph 2, the following subparagraph is added:

"A common methodology shall be prepared by the Commission, by 31 December 2020, after consulting relevant stakeholders, in order to encourage network operators to reduce losses, implement a cost and energy-efficient infrastructure investment programme and properly account for the energy


by specifying that methodology. efficiency and flexibility of the grid".

196. (a) paragraph (5) is amended as follows:

(a) paragraph [ ]5[ ] is amended as follows:

(a) paragraph [ ]5[ ] is amended as follows:

197. (i) the first and the second subparagraphs are deleted;



198. (ii) the third subparagraph is replaced by the following:



199. ‘Transmission system operators and distribution system operators shall comply with the requirements set out in Annex XII.’;

AM 79‘Tranmission Transmission system operators and distribution system operators shall take into account the need to ensure continuity in heat supply when connecting, guaranteeing access to the grid and dispatching high efficiency cogeneration, and shall comply with the requriements requirements set out in Annex XII.’;


Commission proposal unchanged - AM dropped by the EP

200. (b) paragraph 8 is deleted; Commission proposal unchanged


201. Article 19a and 22202. AM 80

(11a) The following article is inserted:

“Article 19aFinancing energy efficiency by European banks

The European Investment Bank (EIB) and the European Bank for Reconstruction and Development (EBRD) shall adapt their policy objectives with a view to recognising energy efficiency as an energy source in its own right and energy efficiency investments as part of their infrastructure investment portfolio

(11a) in Article 20(6) the reference to Article 7(1) is amended to Article 7a;

Covered by AM 4 (line 6)

(11aa) in Article 22 paragraph 2 is replaced by the following*:

2. The Commission shall be empowered to adopt delegated acts in accordance with Article 23 to adapt to technical


The EIB and the EBRD shall, together with national promotional banks, design, generate and finance programmes and projects tailored to the efficiency sector, including for energy poor households.

Member States shall make full use of the possibilities and tools proposed by the Smart Finance for Smart Buildings Initiative.”

progress the values, calculation methods, default primary energy coefficient and requirements in Annexes I, II, III, IV, V, VII, VIIa, VIII, IX, X and XII.

*This is a technical adaptation and was indicated by the COM at EWP

203. Article 23204. (12) in Article 23 paragraph 2 is

replaced by the following:(12) [ ] Article 23 [ ] is amended as follows:

(12) [ ] Article 23 [ ] is amended as follows:

205. ‘2. The power to adopt delegated acts referred to in Article 22 shall be conferred on the Commission for a period of five years from 4 December 2017. 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 identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.’;

‘2. The power to adopt delegated acts referred to in Article 22 shall be conferred on the Commission for a period of five years from 4 December 2017. 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.’;

‘2. The power to adopt delegated acts referred to in Article 22 shall be conferred on the Commission for a period of five years from 4 December 2017. 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.’;

206. (b) the following paragraph 4 is inserted:

(b) the following paragraph 4 is inserted:


207. AM 82(12a) In Article 23, the following paragraph is inserted:

“3a. 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 2016 on Better Law-Making.”

'(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 on Better Law-Making of 13 April 2016.';

Accepted (covered by para 4 above)

208. (c) paragraphs 4 and 5 are respectively renumbered as paragraphs 5 and 6;

(c) paragraphs 4 and 5 are respectively renumbered as paragraphs 5 and 6;

209. Article 24210. AM 83

(12b) In Article 24, the following paragraph is inserted:

“4a. In the context of the State of the Energy Union report, the Commission shall report on the functioning of the carbon market in accordance with Article 29(1) and (2)(c) of Regulation (EU) XX/20XX [Governance of the Energy Union], taking into consideration the effects of the implementation of this Directive.”

(12b) In Article 24, the following paragraph is inserted:

“4a. In the context of the State of the Energy Union report, the Commission shall report on the functioning of the carbon market in accordance with [Article 29(1) and (2)(c)] of Regulation (EU) XX/20XX [Governance of the Energy Union], taking into consideration the effects of the implementation of this Directive.”

211. (13) in Article 24 the following paragraph 12 is added:

(13) in Article 24 the following paragraph[ ] is added:


212. ‘12. The Commission shall evaluate this Directive by 28 February 2024 at the latest, and every five years thereafter, and shall submit a report to the European Parliament and the Council. That report shall be accompanied, if appropriate, by proposals for further measures.’;

AM 8412. The Commission shall evaluate this Directive by 28 February 2024 at the latest, and every five years thereafter, and shall submit a report to the European Parliament and the Council assessing the general effectiveness of the Directive and the need to adjust further the Union’s energy efficiency policy in accordance with the objectives of the Paris Agreement, economic and innovation developments. That report shall be accompanied, if appropriate, by proposals for further measures.

‘12. The Commission shall evaluate this Directive by 28 February 2024 at the latest, and every five years thereafter, and shall submit a report to the European Parliament and the Council. That report shall, in particular, examine whether to change the final date laid down in Article 7(1)(b) and whether to adapt the requirements and the alternative approach laid down in Article 5 after 2030. That report shall be accompanied, if appropriate, by proposals for further measures.’;

12. The Commission shall evaluate this Directive and submit a report to the European Parliament and the Council, by 28 February 2024 at the latest, and every five years thereafter .

That evaluation shall include:

- an examination of whether the final date laid down in Article [ 7(1)(b) ]* should be changed;

- an examination of whether to adapt the requirements and the alternative approach laid down in Article 5 after 2030

- an assessment of the general effectiveness of the Directive and the need to adjust further the Union’s energy efficiency policy in accordance with the objectives of the Paris Agreement and in the light of economic and innovation developments.

That report shall be accompanied, if appropriate, by proposals for further measures.


12a. By 1 January 2021, the Commission shall carry out an assessment of the potential for energy efficiency in conversion, transformation, transmission, transportation and storage of energy, and shall submit a report to the European Parliament and to the Council. That report shall be accompanied, if appropriate, by legislative proposals.

12b. By 31 December 2021, the Commission, shall, unless changes to the retail market provisions of Directive (EU) 2009/73/EC on common rules for the internal market in gas have meanwhile been proposed , 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 the recast of Directive (EU) 2009/72/EC on common rules for the internal market in


electricity, in order to strengthen consumer protection and enable final customers for natural gas to receive more frequent, clear and up-to-date information about their consumption and regulate their energy use. As soon as possible after the publication of that assessment, the Commission shall, if appropriate, come up with legislative proposals.

12c. By 31 December 2020, the Commission shall assess the effectiveness of the implementation of the definition in Article 2(26) for the purposes of Article 8(4), and shall submit a report to the European Parliament and to the Council. As soon as possible after the publication of that assessment, the Commission shall, if appropriate, adopt legislative proposals.

*to be aligned to final agreement in Article 7

213. AM 85(13a) In Article 24, the following paragraph is added:

Covered by line 212


“12a. By 31 December 2019, the Commission shall carry out a separate in-depth analysis of the energy efficiency potential relating to:

(a) the conversion and transformation of energy;

(b) the transmission and distribution of energy;

(c) the production and subsequent transportation of energy supplies, namely energy spent in the extraction of fossil fuels and its transport to the place of usage;

(d) energy storage.

By 31 January 2021, the Commission shall, if appropriate, based on its findings, submit to the European Parliament and the Council, a legislative proposal in this regard.

214. (14) the annexes are amended in accordance with the Annex to this Directive.

(14) the [ ]Annexes are amended in accordance with the Annex to this Directive.

(14) the [ ]Annexes are amended in accordance with the Annex to this Directive.

215. Article 29

216. 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by XXXX [Please insert the date 12 months following the date of entry into force] at

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by XXXX [Please insert the date [ ]24 months

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9 Adaptations to this Article reflect the standard wording agreed between the legal services of the Commission, European Parliament and the Council.


the latest. They shall immediately communicate to the Commission the text of those provisions.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

following the date of entry into force] [ ]at the latest. 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. Member States shall determine how such reference is to be made.

217. 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.



218. Article 3219. This Directive shall enter into force on

the twentieth day following that of its publication in the Official Journal of the European Union.



220. Article 4221. This Directive is addressed to the

Member States.

Done at Brussels,

For the European Parliament

For the Council

The President The President




222. ANNEX223. 1. Annexes IV and V are amended

as follows:[ ] Annexes to Directive 2012/27/EU are amended as follows:1. Annexes IV and V are amended as follows:

[ ] Annexes to Directive 2012/27/EU are amended as follows:1. Annexes IV and V are amended as follows:

224. Annex IV225. (a) in Annex IV, footnote 3 is

replaced by the following: ‘(3) Applicable when energy savings are calculated in primary energy terms using a bottom-up approach based on final energy consumption. For savings in kWh electricity Member States may apply a default coefficient of 2,0. Member States may apply a different coefficient provided they can justify it.’.

AM 114(a) in Annex IV, footnote 3 is replaced by the following:‘(3) Applicable for the purpose of this Directive only and when energy savings are calculated in primary energy terms using a bottom-up approach based on final energy consumption. For savings in kWh electricity Member States shall apply a coefficient established through a transparent method comparable across Member States, on the basis of national circumstances affecting primary energy consumption. Those circumstances shall be duly substantiated, measurable and verifiable and based on objective and non-discriminatory criteria. For savings in kWh electricity Member States may apply a default coefficient of 2,02,3 or . Member States may apply a different coefficient provided they can justify it. When doing so, Member States shall take into account their energy mix included in their integrated national energy and climate plans to be


(a) in Annex IV, footnote 3 is replaced by the following:‘(3) Applicable when energy savings are calculated in primary energy terms using a bottom-up approach based on final energy consumption. For savings in kWh electricity Member States shall apply a coefficient established through a transparent methodology comparable across Member States on the basis of national circumstances affecting primary energy consumption, in order to ensure a precise calculation of real savings. Those circumstances shall be duly substantiated, measurable and verifiable and based on objective and non-discriminatory criteria. For savings in kWh electricity Member States may apply a default coefficient of 2,0, which shall only be applicable for the


notified to the Commission in accordance with Article [3] of Regulation (EU) XX/20XX [Governance of the Energy Union]. The default coefficient shall be revised every 5 years based upon actual observed data.

purpose of this Directive and shall be without prejudice to Member State's discretion in defining primary energy factors. Member States may apply a different coefficient provided they can justify it. When doing so, Member States shall take into account their energy mix included in their integrated national energy and climate plans to be notified to the Commission in accordance with Article [3] of Regulation (EU) XX/20XX [Governance of the Energy Union]. The default coefficient shall be revised every 5 years based upon actual observed data.

Recital 16 - AM 37:

(16) Reflecting technological progress and the growing share of renewable energy sources in the electricity generation sector, the default coefficient for savings in kWh electricity, which is applicable to this Directive only, should be reviewed in order to reflect changes in the primary energy factor (PEF) for electricity. Calculations reflecting the energy mix of the PEF 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 CHP the method set out in Annex II of Directive 2012/27/EU is applied. An average market position is used rather than a marginal one. Conversion efficiencies are assumed to be 100 % for non-combustible renewables, 10 % for geothermal power stations and 33 % for nuclear power stations. Total efficiency for cogeneration is calculated based on the most recent data from Eurostat. As for system boundaries the PEF is 1 for all energy sources. Calculations are based on the most recent version of the PRIMES Reference Scenario. The PEF value is based on the projection


for 2020. The analysis covers the EU Member States and Norway. The dataset for Norway is based on ENTSO-E data.

226. (b) Annex V is replaced by the following:



227. ‘Annex VCommon methods and principles for calculating the impact of energy efficiency obligation schemes or other policy measures under Articles 7(1) and (2),

Articles 7a and 7b and Article 20(6):‘

228. 1. Methods for calculating energy savings other than those arising from taxation measures for the purposes of Articles 7(1) and (2), Articles 7a and 7b and Article 20(6).

Obligated, participating or entrusted parties, or implementing public authorities, may use one or more of the following methods for calculating energy savings:

1. Methods for calculating energy savings other than those arising from taxation measures for the purposes of Articles 7(1) and (2), Articles 7a and 7b and Article 20(6).

Obligated, participating or entrusted parties, or implementing public authorities, may use [ ]the following methods for calculating energy savings:

1. Methods for calculating energy savings other than those arising from taxation measures for the purposes of Articles 7(1) and (2), Articles 7a and 7b and Article 20(6).

Obligated, participating or entrusted parties, or implementing public authorities, may use [ ]the following methods for calculating energy savings:

229. (a) deemed savings, by reference to the results of previous independently monitored energy improvements in similar installations. The generic approach is termed ‘ex-ante’;



230. (b) metered savings, whereby the savings from the installation of a measure, or package of measures, is determined by recording the actual

(b) metered savings, whereby the savings from the installation of a measure, or package of measures, [ ]are determined by

(b) metered savings, whereby the savings from the installation of a measure, or package of measures, [ ]are


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’;

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’;

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’;

231. (c) scaled savings, whereby engineering estimates of savings are used. This approach may only be used where establishing robust measured data for a specific installation is difficult or disproportionately expensive, e.g. replacing a compressor or electric motor with a different kWh rating than that for which independent information on savings has been measured, or where 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;



232. (d) surveyed savings, where consumers’ response to advice, information campaigns, labelling or certification schemes or smart metering is determined. This approach may only be used for savings resulting from changes in consumer behaviour. It may not be used for savings resulting from the installation of physical measures.

(d) surveyed savings, where consumers’ response to advice, information campaigns, labelling or certification schemes or smart metering is determined. This approach may only be used for savings resulting from changes in consumer behaviour.[ ]

(d) surveyed savings, where consumers’ response to advice, information campaigns, labelling or certification schemes or smart metering is determined. This approach may only be used for savings resulting from changes in consumer behaviour. It may not


be used for savings resulting from the installation of physical measures.

233. 2. In determining the energy savings for an energy efficiency measure for the purposes of Articles 7(1) and (2), Articles 7a and 7b and Article 20(6) the following principles apply:



234. (a) the savings must be shown to be additional to those that would have occurred in any event without the activity of the obligated, participating or entrusted parties and/or implementing authorities. To determine what savings can be claimed as additional Member States shall establish a baseline that describes how energy consumption would evolve in the absence of the policy measure in question. The baseline shall reflect at least the following factors: energy consumption trends, changes in consumer behaviour, technological progress and changes caused by other measures implemented at national and EU level;

AM 87(a) the savings must be shown to be additional to those that would have occurred in any event without the activity of the obligated, participating or entrusted parties and/or implementing authorities. To determine what savings can be claimed as additional Member States shall establish a baseline that describes how energy consumption would evolve in the absence of the policy measure and the resulting new individual action in question. The baseline shall reflect at least the following factors: energy consumption trends, changes in consumer behaviour, technological progress and changes caused by other measures implemented at national and EU Union level;

(a) the savings must be shown to be additional to those that would have occurred in any event without the activity of the obligated, participating or entrusted parties and/or implementing authorities. To determine what savings can be claimed as additional Member States shall [ ]take into account how energy [ ]use and demand would evolve in the absence of the policy measure in question[ ];

Maintain Council GA

235. (b) savings resulting from the implementation of mandatory Union legislation are considered as savings that would have occurred in any event without the activity of the obligated, participating or entrusted parties and/or implementing authorities, and thus may not be claimed under paragraph 1 of

AM 88(b) savings resulting from the implementation of mandatory Union legislation are considered as to be savings that would have occurred in any event without the activity of the obligated, participating or entrusted parties and/or implementing authorities,

(b) savings resulting from the implementation of mandatory Union legislation are considered as savings that would have occurred in any event[ ], and thus may not be claimed under paragraph 1 of Article 7[ ]. By way of exception,

Maintain Council GA


Article 7, except for savings related to the renovation of existing buildings provided the materiality criterion referred to in part 3(h) is ensured;

and thus may not be claimed under paragraph 1 of Article 7, except for savings related to measures promoting the renovation of existing buildings provided the materiality criterion referred to in part 3(h) is ensured;

savings related to the renovation of existing buildings can be claimed under paragraph 1 of Article 7, provided the materiality criterion referred to in part 3(h) is ensured[ ]. Savings resulting from the implementation of national minimum requirements established for new buildings prior to the transposition of Directive 2010/31/EU can be claimed under Article 7(1)(a), provided the materiality criterion referred to in part 3(h) is ensured

236. (c) credit may only be given for savings exceeding the following levels:



237. (i) Union emission performance standards for new passenger cars and new light commercial vehicles following the implementation of Regulation (EC) No 443/2009 of the European Parliament and of the Council10 and Regulation (EU) No 510/2011 of the European Parliament and of the Council11 ;



238. (ii) Union requirements relating to the removal from the market of certain energy related products following the



10 Regulation (EC) No 443/2009 of the European Parliament and of the Council of 23 April 2009 setting emission performance standards for new passenger cars as part of the Community’s integrated approach to reduce CO2 emissions from light-duty vehicles (OJ L 140, 5.6.2009, p.1).

11 Regulation (EU) No 510/2011 of the European Parliament and of the Council of 11 May 2011 setting emission performance standards for new light commercial vehicles as part of the Union’s integrated approach to reduce CO2 emissions from light-duty vehicles OJ L 145, 31.5.2011, p.1).


implementation of implementing measures under Directive 2009/125/EC.

239. (d) policies which aim at encouraging higher energy efficiency of products, equipment, buildings and building elements, processes or markets are permitted;



240. (dd) energy savings resulting from policy measures promoting the installation of small-scale renewable energy technologies on or in buildings are eligible, and can be taken into account towards the fulfilment of energy savings requirements under Article 7(1), in so far as these contribute towards a reduction in energy sales to final customers in the building and to the extent of the volume of primary energy saved. The calculation of savings shall comply with the requirements of this Annex.

Maintain Council GA

241. (e) for policies that accelerate the uptake of more efficient products and vehicles, full credit may be claimed provided it is shown that the uptake takes place before the expiry of the average expected product or vehicle lifetime, or before the product or vehicle would usually be replaced, and savings are only claimed for the period until the




expiry of the average expected lifetime of the product or vehicle to be replaced;

242. (f) in promoting the uptake of energy efficiency measures, Member States shall ensure that quality standards for products, services and installation of measures are maintained or introduced where such standards do not exist;

(f) 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;

(f) 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;

243. (g) 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;



244. (h) the calculation of energy savings shall take into account the lifetime of measures. This may be done by counting the savings each individual action will achieve between its implementation date and 31 December 2020 or 31 December 2030 as appropriate. Alternatively, Member States may adopt another method that is estimated to achieve at least the same total quantity of savings. When using other methods, Member States shall ensure that the total amount of energy savings calculated using these other methods does not exceed the amount of energy savings that would have been the result of their calculation when counting the savings each individual action will achieve between its implementation date and 31

AM 89(h) the calculation of energy savings shall take into account the lifetime of measures. This may and the rate at which the savings decline over time. This calculation shall be done by counting the savings each individual action will achieve between its implementation date and 31 December 2020 or 31 December 2030 as appropriate. Alternatively, Member States may adopt another method that is estimated to achieve at least the same total quantity of savings. When using other methods, Member States shall ensure that the total amount of energy savings calculated using these other methods does not exceed the amount of energy savings that would have been the

(h) the calculation of energy savings shall take into account the lifetime of measures. This may be done by counting the savings each individual action will achieve between its implementation date and 31 December 2020 or 31 December 2030 as appropriate. Alternatively, Member States may adopt another method that is estimated to achieve at least the same total quantity of savings. When using other methods, Member States shall ensure that the total amount of energy savings calculated using these other methods does not exceed the amount of energy

Maintain Council GA


December 2020 or 31 December 2030 as appropriate. Member States shall describe in detail in their Integrated National Energy and Climate plans under the Energy Union Governance the other methods they have used and which provisions have been made to ensure they meet this binding calculation requirement.

result of their calculation when counting the savings each individual action will achieve between its implementation date and 31 December 2020 or 31 December 2030 as appropriate. Member States shall describe in detail in their Integrated National Energy and Climate plans under the Energy Union Governance Regulation the other methods they have used and which provisions have been made to ensure they meet this binding calculation requirement.

savings that would have been the result of their calculation when counting the savings each individual action will achieve between its implementation date and 31 December 2020 or 31 December 2030 as appropriate. [ ]

245. 3. Member States shall ensure that the following requirements for policy measures taken pursuant to Article 7b and Article 20(6) are met:



246. (a) policy measures and individual actions produce verifiable end use energy savings;



247. (b) the responsibility of each participating party, entrusted party or implementing public authority, as relevant, must be clearly defined;

(b) the responsibility of each participating party, entrusted party or implementing public authority, as relevant, [ ]is clearly defined;

(b) the responsibility of each participating party, entrusted party or implementing public authority, as relevant, [ ]is clearly defined;

248. (c) the energy savings that are achieved or are to be achieved are determined in a transparent manner;



249. (d) the amount of energy savings required or to be achieved by the policy measure is expressed in either final or primary energy consumption, using the conversion factors set out in Annex IV;

AM 90(d) the amount of energy savings required or to be achieved by the policy measure is expressed in either final or and primary energy consumption, using the conversion factors set out in Annex IV;


Maintain Council GA

250. (e) an annual report on the energy (e) an annual report on the (e) an annual report on the


savings achieved by entrusted, participating parties and implementing authorities be provided and made publicly available as well as data on the annual trend of energy savings;

energy savings achieved by entrusted, participating parties and implementing authorities be provided, unless not feasible, and made publicly available[ ] as well as data on the annual trend of energy savings;

energy savings achieved by entrusted, participating parties and implementing authorities be provided and made publicly available as well as data on the annual trend of energy savings;

251. (f) monitoring of the results and taking appropriate measures if progress is not satisfactory;

(f) monitoring of the results are monitored and taking appropriate measures are taken if progress is not satisfactory;

(f) monitoring of the results and taking appropriate measures if progress is not satisfactory;

252. (g) the savings from an individual action may not be claimed by more than one party;



253. (h) the activities of the participating party, entrusted party or implementing public authority are shown to have caused the achievement of the claimed savings.

(h) the activities of the participating party, entrusted party or implementing public authority are shown to [ ]be material to the achievement of the claimed savings.

(h) the activities of the participating party, entrusted party or implementing public authority are shown to [ ]be material to the achievement of the claimed savings.

254. For policy measures taken pursuant to point (e) of Article 7(2) Member States may use the calculation methodology established under Directive 2010/31/EU as far as this is in line with the requirements of Article 7 of this Directive and this Annex.

AM 91For policy measures taken pursuant to point (e) of Article 7(2) Member States may use the calculation methodology established under Directive 2010/31/EU as far as this is in line with the requirements of Article 7 of this Directive and this Annex.

[ ] For policy measures taken pursuant to point (e) of Article 7(2) Member States may use the calculation methodology established under Directive 2010/31/EU as far as this is in line with the requirements of Article 7 of this Directive and this Annex.

255. 4. In determining the energy saving from taxation related policy measures introduced under Article 7b, the following principles shall apply:



256. (a) credit shall only be given for Commission proposal Commission proposal


energy savings from taxation measures exceeding the minimum levels of taxation applicable to fuels as required in Council Directive 2003/96/EC12 or in Council Directive 2006/112/EC13 ;

unchanged unchanged

257. (b) price elasticities for the calculation of the impact of the (energy) taxation measures must represent the responsiveness of energy demand to price changes, and shall be estimated on the basis of recent and representative official data sources;

(b) price elasticities for the calculation of the impact of the (energy) taxation measures must represent the short and long term responsiveness of energy demand to price changes, and shall be estimated on the basis of recent and representative official data sources;

(b) price elasticities for the calculation of the impact of the (energy) taxation measures must represent the responsiveness of energy demand to price changes, and shall be estimated on the basis of recent and representative official data sources;

258. (c) the energy savings from accompanying taxation policy instruments, including fiscal incentives or payment to a fund, shall be accounted separately.



259. 5. Notification of methodology

Member States shall in accordance with the future legislative proposal on Energy Union Governance notify to the Commission their proposed detailed methodology for the operation of the energy efficiency obligation schemes and alternative measures referred to in Articles 7a and 7b and Article 20(6). Except in the case of taxes, such notification shall include details of:



12 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).

13 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).


260. (a) the level of the energy savings requirement or expected savings to be achieved over the whole period from 1 January 2021 to 31 December 2030;



261. (b) the obligated, participating or entrusted parties, or implementing public authorities;



262. (c) target sectors; Commission proposal unchanged


263. (d) policy measures and individual actions foreseen by the policy measure, including the expected total cumulative amount of savings per each measure;



264. (e) the duration of the obligation period for the energy efficiency obligation scheme;



265. (f) the actions foreseen by the policy measure;



266. (g) the calculation methodology, including how additionality and causality have been determined and which methodologies and benchmarks are used for deemed and scaled savings;

(g) the calculation methodology, including how additionality and [ ]materiality have been determined and which methodologies and benchmarks are used for deemed and scaled savings;

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267. (h) the lifetimes of measures and how they are calculated or what they are based upon;



268. (i) the approach taken to address climatic variations within the Member State;



269. (j) the monitoring and verification systems for measures under Articles 7a and 7b and how the independence of these from the obligated, participating or




entrusted parties is ensured;270. (k) in the case of taxes, the

notification shall include details of:Commission proposal unchanged


271. (i) target sectors and segment of taxpayers;



272. (ii) implementing public authority; Commission proposal unchanged


273. (iii) expected savings to be achieved; Commission proposal unchanged


274. (iv) duration of the taxation measure; and



275. (v) calculation methodology, including which price elasticities are used and how they have been established.’;



276. 2. Annex VII is amended as follows: Commission proposal unchanged


277. (a) the title is replaced by the following:‘Minimum requirements for billing and billing information based on actual consumption of gas’;



278. Annex VIIa279. (b) the following Annex VIIa is

inserted:Commission proposal unchanged


280. ‘Annex VIIaMinimum requirements for billing and

consumption information based on actual consumption of heating, cooling

and hot water

AM 92Annex VIIaMinimum requirements for billing and consumption information based on actual consumption of for heating, cooling and hot water

‘Annex VIIaMinimum requirements for

billing and consumption information [ ]for heating,

cooling and hot water

Annex VIIaMinimum requirements for billing and consumption information based on actual consumption of for heating, cooling and hot water

281. 1. Billing based on actual consumption

In order to enable final users to regulate their own energy consumption, billing

AM 921. Billing based on actual consumption or heat cost allocator readings

1. Billing based on actual consumption or heat cost allocator readings

1. Billing based on actual consumption or heat cost allocator readings


shall take place on the basis of actual consumption at least once per year.

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.



282. 2. Minimum frequency of billing or consumption information

As of [Please insert here ….the entry into force] where remotely readable meters or cost allocators have been installed, billing or consumption information based on actual consumption shall be made available at least quarterly upon request or where final customers have opted to receive electronic billing, or else twice yearly.

As of 1 January 2022, where remotely readable meters or cost allocators have been installed, billing or consumption information shall be made available at least monthly. Heating and cooling may be exempted from this outside the heating/cooling seasons.

AM 922. Minimum frequency of billing or consumption information

As of [Please insert here ….the entry into force date of transposition] 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 made available provided to final users at least quarterly upon request or where final customers have opted to receive electronic billing, or else twice yearly.

As of 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 made available provided to all final users at least monthly. It shall also be made available continuously via the internet and shall be updated as frequently as allowed by the measurement devices and systems used. Heating and cooling may be exempted from this outside the

2. Minimum frequency of billing or consumption information

As of [[ ]XXX date of transposition] 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 made available at least quarterly upon request or where final customers have opted to receive electronic billing, or else twice yearly.

As of 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 made available at least [ ]every second month . Heating and cooling may be exempted from this outside the heating/cooling

"2. Minimum frequency of billing or consumption information

As of [Please insert here ….the date of transposition] 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 quarterly upon request or where final customers have opted to receive electronic billing, or else twice yearly.

As of 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 made available provided to final users at least [ ]every second month monthly. It shall may also be made


heating/cooling seasons. seasons. available continuously via the internet and shall be updated as frequently as allowed by the measurement devices and systems used. Heating and cooling may be exempted from this outside the heating/cooling seasons."

283. 3. Minimum information contained in the bill based on actual consumption

Member States shall ensure that the following information is made available to final users in clear and understandable terms in or with their bills:

AM 92

3. Minimum information contained in the bill based on actual consumption

Member States shall ensure that the following information is accurate and made available to final users in clear and understandable terms in or with their bills where these are based on actual consumption or heat cost allocator readings:

3. Minimum information contained in the bill based on actual consumption or heat cost allocator readings

Member States shall ensure that the following information is made available to final users in clear and understandable terms in or with their bills based on actual consumption or heat cost allocator readings:

3. Minimum information contained in the bill based on actual consumption or heat cost allocator readings

Member States shall ensure that the following information is made available to final users in clear and understandable terms in or with their bills where these are based on actual consumption or heat cost allocator readings:

284. (a) current actual prices and actual consumption of energy;

AM 92(a) current actual prices and actual consumption of energy or total heat cost and heat cost allocator readings;

(a) current actual prices and actual consumption [ ]or total heat cost and heat cost allocator readings;

(a) current actual prices and actual consumption of energy or total heat cost and heat cost allocator readings;

285. (b) information on the fuel mix used, including for final users supplied by district heating or district cooling;

AM 92 (b) information on the fuel mix used and the related greenhouse gas emissions, including for final users supplied by district heating or district cooling, and an explanation of the different taxes, levies and tariffs applied;


(b) information on the fuel mix used and the related annual greenhouse gas emissions, including for final users supplied by district heating or district cooling, and a description of explanation of the different taxes, levies and tariffs applied. Member States


may limit the scope of the requirement to provide information on greenhouse gas emissions to include only supplies from district heating systems with a total rated thermal input exceeding 20 MW.

286. (c) comparisons of the final users current energy consumption with consumption for the same period in the previous year, in graphic form, climate corrected for heating and cooling;



287. (d) 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.



288. AM 92(da) information on relevant complaints procedures, ombudsman services or alternative dispute resolution mechanisms;

(da) information on pertinent complaints procedures, ombudsman services or alternative dispute resolution mechanisms, as applicable in the Member States;

289. In addition, Member States shall ensure that comparisons with an average normalised or benchmarked final user in the same user category are made available to final users in clear and understandable terms, in, with or

AM 92

In addition, Member States shall ensure that

(db) comparisons with an average normalised or benchmarked final user in

In addition, Member States shall ensure that comparisons with an average normalised or benchmarked final user in the same user category are made available to final users in clear

(db) comparisons with an average normalised or benchmarked final user in the same user category are made available to final users. In the case of electronic bills, this


signposted to within, their bills.’. the same user category are made available to final users in clear and understandable terms, in, with or signposted to within, their bills.

and understandable terms, in, with or signposted to within, their bills based on actual consumption or heat cost allocator readings.’.

comparison may alternatively be made available online and signposted to within the bills.

290. AM 92Bills that are not based on actual consumption or heat cost allocator readings shall contain a clear and understandable explanation of how the amount set out in the bill was calculated, and at least the information referred to in points (d) and (da).

Bills that are not based on actual consumption or heat cost allocator readings shall contain a clear and understandable explanation of how the amount set out in the bill was calculated, and at least the information referred to in points (d) and (da).

291. Annex IX292. AM 93

2a. In the fourth paragraph of Part 1 of Annex IX, point g is replaced by the following:

Maintain Council GA

293. (g) Economic analysis: Inventory of effects

The economic analyses shall take into account all relevant economic effects.

Member States may assess and take into account in decision making costs and energy savings from the increased flexibility in energy supply and from a more optimal operation of the electricity networks, including avoided costs and savings from reduced infrastructure investment, in the analysed scenarios.The costs and benefits taken into

(g) Economic analysis: Inventory of effects

The economic analyses shall take into account all relevant economic effects.

Member States may shall assess and take into account in decision making costs and energy savings from the increased flexibility in energy supply and from a more optimal operation of the electricity networks, including avoided costs and savings from reduced infrastructure investment, in the

Maintain Council GA


account shall include at least the following:

(i) Benefits- Value of output to the consumer (heat and electricity)- External benefits such as environmental and health benefits, to the extent possible

(ii) Costs

- Capital costs of plants and equipments

- Capital costs of the associated energy networks

- Variable and fixed operating costs

- Energy costs

- Environmental and health cost, to the extent possible

analysed scenarios.

(i) Benefits

- Value of output to the consumer (heat 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

(ii) Costs

- Capital costs of plants and equipment equipments

- Capital costs of the associated energy networks

- Variable and fixed operating costs

- Energy costs

- Environmental and, health and safety costs cost, to the extent possible

- Labour market costs, energy security and competitiveness

294. Annex XII


295.

a) set up and make public their standard rules relating to the bearing and sharing of costs of technical adaptations, such as grid connections, and grid reinforcements, improved operation of the grid and rules on the non-discriminatory implementation of the grid codes, which are necessary in order to integrate new producers feeding electricity produced from high-efficiency cogeneration into the interconnected grid.

AM 94Annex XII - paragraph 1 - point a

2b) In the first paragraph of Annex XII, point (a) is replaced by the following:

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 and other diffused sources.

Annex XII - paragraph 1 - point a

2b) In the first paragraph of Annex XII, point (a) is replaced by the following:

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 and other diffused sources.


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