COMMISSION DELEGATED REGULATION (EU) No 244/2012
of 16 January 2012
supplementing Directive 2010/31/EU of the European Parliament and of the Council on the energy performance of buildings by establishing a comparative methodology framework for calculating cost-optimal levels of minimum energy performance requirements for buildings and building elements
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (1), and in particular Article 5(1) thereof,
Whereas:
(1)
Directive 2010/31/EU requires the Commission to establish by means of a delegated act a comparative methodology framework for calculating cost-optimal levels of minimum energy performance requirements for buildings and building elements.
(2)
It is the responsibility of Member States to set minimum energy performance requirements for buildings and building elements. The requirements must be set with a view to achieving cost-optimal levels. It is up to the Member States to decide whether the national benchmark used as the final outcome of the cost-optimal calculations is the one calculated for a macroeconomic perspective (looking at the costs and benefits of energy efficiency investments for the society as a whole) or a strictly financial viewpoint (looking only at the investment itself). National minimum energy performance requirements should not be more than 15 % lower than the outcome of the cost-optimal results of the calculation taken as the national benchmark. The cost-optimal level shall lie within the range of performance levels where the cost-benefit analysis over the lifecycle is positive.
(3)
Directive 2010/31/EU promotes the reduction of energy use in the built environment, but also emphasises that the building sector is a leading source of carbon dioxide emissions.
(4)
Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (2) provides for the establishment of minimum energy performance requirements for such products. When setting national requirements for technical building systems, Member States must take into account the implementing measures established under this Directive. The performances of construction products to be used for the calculations under this Regulation should be determined in accordance with the provisions of Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (3).
(5)
The objective of cost-effective or cost-optimal energy efficiency levels may, in certain circumstances, justify the setting by Member States of cost-effective or cost-optimal requirements for building elements that would in practice raise obstacles for some building design or technical options as well as stimulate the use of energy-related products with better energy performance.
(6)
The steps that comprise the comparative methodology framework have been set out in Annex III to Directive 2010/31/EU and include the establishment of reference buildings, the definition of energy efficiency measures to be applied to these reference buildings, the assessment of the primary energy demand of these measures and the calculation of the costs (i.e. net present value) of these measures.
(7)
The common framework for the calculation of the energy performance as established in Annex I to Directive 2010/31/EU applies also to the cost-optimal framework methodology for all its steps, in particular the step of the calculation of the energy performance of buildings and building elements.
(8)
For the purpose of adapting the comparative methodology framework to national circumstances, Member States should determine the estimated economic lifecycle of a building and/or building element, the appropriate cost for energy carriers, products, systems, maintenance, operational and labour costs, primary energy conversion factors, and the energy price developments on this point to be assumed for fuels used in their national context for energy used in buildings, taking into account the information provided by the Commission. Member States should also establish the discount rate to be used in both macroeconomic and financial calculations after having undertaken a sensitivity analysis for at least two interest rates for each calculation.
(9)
To ensure a common approach to the application of the comparative methodology framework by the Member States, it is appropriate for the Commission to establish the key framework conditions needed for net present value calculations such as the starting year for calculations, the cost categories to be considered and the calculation period to be used.
(10)
Establishing a common calculation period does not conflict with Member States’ right to fix the estimated economic lifecycle of buildings and/or building elements since the latter could both be longer or shorter than the calculation period fixed. The estimated economic lifecycle of a building or building element has only limited influence on the calculation period since the latter is determined rather by the refurbishment cycle of a building, which is the period of time after which a building undergoes a major refurbishment.
(11)
Cost calculations and projections with many assumptions and uncertainties, including for example energy price developments over time, are generally accompanied by a sensitivity analysis to evaluate the robustness of the key input parameters. For the purpose of the cost-optimal calculations, the sensitivity analysis should at least address the energy price developments and the discount rate; ideally the sensitivity analysis should also comprise future technology price developments as input for the review of the calculations.
(12)
The comparative methodology framework should enable Member States to compare the results of the cost-optimal calculations with the minimum energy performance requirements in force and to use the result of the comparison to ensure that minimum energy performance requirements are set with a view to achieving cost-optimal levels. Member States should also consider setting minimum energy performance requirements at cost-optimal level for those building categories where so far no minimum energy performance requirements exist.
(13)
The cost-optimal methodology is technologically neutral and does not favour one technological solution over another. It ensures a competition of measures/packages/variants over the estimated lifetime of a building or building element.
(14)
The results of the calculations and the input data and assumptions used are to be reported to the Commission as stipulated in Article 5(2) of Directive 2010/31/EU. These reports should enable the Commission to assess and report on the progress made by Member States towards reaching cost-optimal levels of minimum energy performance requirements.
(15)
To limit their administrative burden, it should be possible for Member States to reduce the number of calculations by establishing reference buildings that are representative of more than one building category, without affecting Member States’ duty under Directive 2010/31/EU to set minimum energy performance requirements for certain building categories,
HAS ADOPTED THIS REGULATION:
Article 1
Subject matter and scope
In accordance with Article 5 of, and Annexes I and III to, Directive 2010/31/EU, this Regulation establishes a comparative methodology framework to be used by Member States for calculating cost-optimal levels of minimum energy performance requirements for new and existing buildings and building elements.
The methodology framework specifies rules for comparing energy efficiency measures, measures incorporating renewable energy sources and packages and variants of such measures, based on the primary energy performance and the cost attributed to their implementation. It also lays down how to apply these rules to selected reference buildings with the aim of identifying cost-optimal levels of minimum energy performance requirements.
Article 2
Definitions
In addition to the definitions in Article 2 of Directive 2010/31/EU, the following definitions shall apply noting that for the calculation at macroeconomic level applicable charges and taxes are to be excluded:
(1)
Global cost means the sum of the present value of the initial investment costs, sum of running costs, and replacement costs (referred to the starting year), as well as disposal costs if applicable. For the calculation at macroeconomic level, an additional cost category costs of greenhouse gas emissions is introduced;
(2)
Initial investment costs mean all costs incurred up to the point when the building or the building element is delivered to the customer, ready to use. These costs include design, purchase of building elements, connection to suppliers, installation and commissioning processes;
(3)
Energy costs mean annual costs and fixed and peak charges for energy including national taxes;
(4)
Operational costs mean all costs linked to the operation of the building including annual costs for insurance, utility charges and other standing charges and taxes;
(5)
Maintenance costs mean annual costs for measures for preserving and restoring the desired quality of the building or building element. This includes annual costs for inspection, cleaning, adjustments, repair and consumable items;
(6)
Running costs mean annual maintenance costs, operational costs and energy costs;
(7)
Disposal costs mean the costs for deconstruction at the end-of-life of a building or building element and include deconstruction, removal of building elements that have not yet come to the end of their lifetime, transport and recycling;
(8)
Annual cost means the sum of running costs and periodic costs or replacement costs paid in a certain year;
(9)
Replacement cost means a substitute investment for a building element, according to the estimated economic lifecycle during the calculation period;
(10)
Cost of greenhouse gas emissions means the monetary value of environmental damage caused by CO2 emissions related to the energy consumption in buildings;
(11)
Reference building means a hypothetical or real reference building that represents the typical building geometry and systems, typical energy performance for both building envelope and systems, typical functionality and typical cost structure in the Member State and is representative of climatic conditions and geographic location;
(12)
Discount rate means a definite value for comparison of the value of money at different times expressed in real terms;
(13)
Discount factor means a multiplicative number used to convert a cash flow occurring at a given point in time to its equivalent value at the starting point. It is derived from the discount rate;
(14)
Starting year means the year on which any calculation is based and from which the calculation period is determined;
(15)
Calculation period means the time period considered for the calculation usually expressed in years;
(16)
Residual value of a building means the sum of the residual values of the building and building elements at the end of the calculation period;
(17)
Price development means the development over time of prices for energy, products, building systems, services, labour, maintenance and other costs and can be different from the inflation rate;
(18)
Energy efficiency measure means a change to a building resulting in a reduction of the building’s primary energy need;
(19)
Package means a set of energy efficiency measures and/or measures based on renewable energy sources applied to a reference building;
(20)
Variant means the global result and description of a full set of measures/packages applied to a building that can be composed of a combination of measures on the building envelope, passive techniques, measures on building systems and/or measures based on renewable energy sources;
(21)
Subcategories of buildings means categories of building types that are more disaggregated according to size, age, construction material, use pattern, climatic zone or other criteria than those established in Annex I(5) to Directive 2010/31/EU. It is for such subcategories that reference buildings are generally established;
(22)
Delivered energy means energy, expressed per energy carrier, supplied to the technical building system through the system boundary, to satisfy the uses taken into account (heating, cooling, ventilation, domestic hot water, lighting, appliances, etc.) or to produce electricity;
(23)
Energy needed for heating and cooling means heat to be delivered to or extracted from a conditioned space to maintain intended temperature conditions during a given period of time;
(24)
Exported energy means energy expressed per energy carrier delivered by the technical building system through the system boundary and used outside the system boundary;
(25)
Conditioned space means space where certain ambient parameters such as temperature, humidity etc. are regulated by technical means such as heating and cooling etc.;
(26)
Energy from renewable sources means energy from renewable non-fossil sources, namely wind, solar, aerothermal, geothermal, hydrothermal and ocean energy, hydropower, biomass, landfill gas, sewage treatment plant gas and biogases.
Article 3
Comparative methodology framework
1. When calculating cost-optimal levels of minimum energy performance requirements for buildings and building elements, Member States shall apply the comparative methodology framework laid down in Annex I to this Regulation. The framework prescribes calculation of cost-optimal levels for both macroeconomic and financial viewpoints, but leaves it up to the Member States to determine which of these calculations is to become the national benchmark against which national minimum energy performance requirements will be assessed.
2. For the purpose of the calculations, Member States shall:
(a)
take as a starting year for the calculation the year in which the calculation is being performed;
(b)
use the calculation period in Annex I to this Regulation;
(c)
use the cost categories in Annex I to this Regulation;
(d)
use for carbon costing as a minimum lower bound the projected ETS carbon prices as given in Annex II.
3. Member States shall complement the comparative methodology framework by determining for the purpose of the calculations:
(a)
the estimated economic lifecycle of a building and/or building element;
(b)
the discount rate;
(c)
the costs for energy carriers, products, systems, maintenance cost, operational costs and labour costs;
(d)
the primary energy factors;
(e)
the energy price developments to be assumed for all energy carriers taking into account the information in Annex II to this Regulation.
4. Member States shall endeavour to calculate and adopt cost-optimal levels of minimum energy performance requirements in relation to those building categories where so far no specific minimum energy performance requirements exist.
5. Member States shall undertake an analysis to determine the sensitivity of the calculation outcomes to changes in the applied parameters, covering at least the impact of different energy price developments and the discount rates for the macroeconomic and financial calculations, ideally also other parameters which are expected to have a significant impact on the outcome of the calculations such as price developments for other than energy.
Article 4
Comparison of the calculated cost-optimal levels with current minimum energy performance requirements
1. Member States shall decide after having calculated the cost-optimal requirement levels both for a macroeconomic and for a financial perspective, which one is to become the national benchmark and report this decision to the Commission as part of the reporting mentioned pursuant to Article 6.
Member States shall compare the outcome of the calculation chosen as the national benchmark referred to in Article 3 with the current energy performance requirements for the relevant building category.
Member States shall use the result of this comparison to ensure that minimum energy performance requirements are set with a view to achieving cost-optimal levels in accordance with Article 4(1) of Directive 2010/31/EU. Member States are strongly recommended to link fiscal and financial incentives to compliance with the cost-optimal calculation outcome of the same reference building.
2. If a Member States has defined reference buildings in such a way that the result of the cost-optimal calculation is applicable to several building categories, they may use this result to ensure that minimum energy performance requirements are set with a view to achieving cost-optimal levels for all relevant building categories.
Article 5
Review of the cost-optimal calculations
1. Member States shall review their cost-optimal calculations in time for the review of their minimum energy performance requirements required by Article 4(1) of Directive 2010/31/EU. For the review, in particular the price developments for the input cost data has to be reviewed and if need be updated.
2. The results of this review shall be transmitted to the Commission in the report provided for by Article 6 of this Regulation.
Article 6
Reporting
1. Member States shall report to the Commission all input data and assumptions used for the calculations and the results of those calculations. This report shall include the primary energy conversion factors applied, the results of the calculations at macroeconomic and financial level, the sensitivity analysis referred to in Article 3(5) of this Regulation and the assumed energy and carbon price developments
2. If the result of the comparison referred to in Article 4 of this Regulation shows that the minimum energy performance requirements in force are significantly less energy-efficient than cost-optimal levels of minimum energy performance requirements, the report shall include any justification for the difference. To the extent that the gap cannot be justified, the report shall be accompanied by a plan outlining appropriate steps to reduce the gap to a non-significant size by the next review. In this regard, the significantly less energy-efficient level of minimum energy performance requirements in force will be calculated as the difference between the average of all the minimum energy performance requirements in force and the average of all cost-optimal levels of the calculation used as the national benchmark of all reference buildings and building types used.
3. Member States can make use of the reporting template provided for in Annex III to this Regulation.
Article 7
Entry into force and application
1. This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
2. It shall apply from 9 January 2013 to buildings occupied by public authorities and from 9 July 2013 to other buildings except for Article 6(1) of this Regulation, which shall enter into force on 30 June 2012, in line with Directive 2010/31/EU EPBD Article 5(2), second paragraph.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 January 2012.