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Energy Community Secretariat Energy Community Secretariat 1 Round Table “Energy Efficient Ukraine: First Results and New Tasks Until 2020” Requirements of the Directive 2010/31/EU (EPBD) >> Transposition/Implementation >> Improvements in the draft Law Kiev, 18.05.2015 Borko Raičević, Energy Efficiency Expert

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Page 1: Energy Community Secretariat 1 Round Table “Energy Efficient Ukraine: First Results and New Tasks Until 2020” Requirements of the Directive 2010/31/EU

Energy Community SecretariatEnergy Community Secretariat 1

Round Table “Energy Efficient Ukraine: First Results and

New Tasks Until 2020”

Requirements of the Directive 2010/31/EU (EPBD) >> Transposition/Implementation>> Improvements in the draft Law

Kiev, 18.05.2015

Borko Raičević, Energy Efficiency Expert

Page 2: Energy Community Secretariat 1 Round Table “Energy Efficient Ukraine: First Results and New Tasks Until 2020” Requirements of the Directive 2010/31/EU

Energy Community SecretariatEnergy Community Secretariat 2

By signing the Energy Community Treaty, the Contracting Parties committed to transpose and implement the relevant EU acquis communautaire:

► Gas (Third package) (3 Directives, 2 Regulations)

► Electricity (Third package) (2 Directives, 3 Regulations)

► Environment (3 Directives)

► Competition (some provisions of the Treaty)

► Renewable energy sources (RES Directive)

► Energy efficiency (3 Directives + labelling regulations)

► Antitrust and state aid (some provisions of the Treaty)

► Statistics (1 Directive, 1 Regulation)

► Oil (1 Directive)

Insert image

THE COMMON LEGAL FRAMEWORK

Page 3: Energy Community Secretariat 1 Round Table “Energy Efficient Ukraine: First Results and New Tasks Until 2020” Requirements of the Directive 2010/31/EU

Energy Community SecretariatEnergy Community Secretariat 3

ENERGY EFFICIENCY DIRECTIVESMINISTERIAL COUNCIL DECISIONS (Dec. 2009 - Sep. 2014):

DIRECTIVE 2006/32/EC ON ENERGY END USE EFFICIENCY AND ENERGY

SERVICES (ESD)

- By 31 December 2011

DIRECTIVE 2010/31/EU ON THE ENERGY PERFORMANCE OF BUILDINGS

(EPBD) – RECAST DIRECTIVE 2002/91/EC

- By 30 September 2012

DIRECTIVE 2010/30/EU ON LABELING OF ENERGY-RELATED PRODUCTS

(ELD - RECAST DIRECTIVE 92/75/EEC) AND IMPLEMENTING

DIRECTIVES/DELEGATED ACTS

• By 31 December 2011 (ELD ) / 1 January 2016 (new labelling regulation)

EU Directive 2012/27/EU on Energy Efficiency :

ongoing process - MC Recomandations (2013 );Impact Assessment Study

(2014); adpatations to be prepared for MC meeting in October 2015

Page 4: Energy Community Secretariat 1 Round Table “Energy Efficient Ukraine: First Results and New Tasks Until 2020” Requirements of the Directive 2010/31/EU

Energy Community SecretariatEnergy Community Secretariat 4

ENERGY INDICATORS 1/3

Page 5: Energy Community Secretariat 1 Round Table “Energy Efficient Ukraine: First Results and New Tasks Until 2020” Requirements of the Directive 2010/31/EU

Energy Community SecretariatEnergy Community Secretariat 5

ENERGY INDICATORS 2/2

Page 6: Energy Community Secretariat 1 Round Table “Energy Efficient Ukraine: First Results and New Tasks Until 2020” Requirements of the Directive 2010/31/EU

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MULTIPLE BENEFITS OF ENERGY EFFICIENCY

Source: IEA 2014

Page 7: Energy Community Secretariat 1 Round Table “Energy Efficient Ukraine: First Results and New Tasks Until 2020” Requirements of the Directive 2010/31/EU

Energy Community SecretariatEnergy Community Secretariat 7

DIRECTIVE 2010/31/EU (EPBD)Focused on EE improvements in building stock:

The common framework / methodology for calculating the integrated EPB

Minimum EP requirements for new and existing buildings, building units

and technical building systems,

Increasing the number of nearly zero energy buildings - national

targets and plans

Certification of buildings,

Financial incentives,

Regular inspection of heating and air-conditioning systems,

Independent control system

Key transposition approaches: amendments of the law for

buildings / certain provisions in EE law / package of secondary

legislation / standards

Page 8: Energy Community Secretariat 1 Round Table “Energy Efficient Ukraine: First Results and New Tasks Until 2020” Requirements of the Directive 2010/31/EU

Energy Community SecretariatEnergy Community Secretariat 8

EPBD implementation roadmap

Study on “Energy Efficiency in Buildings in the Contracting Parties of the

Energy Community” - Roadmap for implementation of EPBD (2012)

Page 9: Energy Community Secretariat 1 Round Table “Energy Efficient Ukraine: First Results and New Tasks Until 2020” Requirements of the Directive 2010/31/EU

Energy Community SecretariatEnergy Community Secretariat 9

Energy Efficiency Coordination Group

Regional Group; supports harmonised implementation of the EPBD in the Energy

Community; platform for sharing experience; implementation partner for the TA and

investment programmes.

EECG Work Programme 2015– 2016 includes topics relevant to EPBD:

1. Energy performance requirements/ cost-optimal level

(National calculation methodology, Input database and calculation software)

2. Nearly zero energy building concept/Action Plan

(Promotion of existing applications and concepts; Development of the NZEB

targets and Action Plans)

3. Certification of buildings and inspections of systems

(Regulation; Reports; Trainings; Independent control systems; Registries)

Strong donor’s support (EU/EC, EBRD, GIZ, World Bank, USAID, bilateral TA

projects)

Page 10: Energy Community Secretariat 1 Round Table “Energy Efficient Ukraine: First Results and New Tasks Until 2020” Requirements of the Directive 2010/31/EU

Energy Community SecretariatEnergy Community Secretariat 10

EPBD – progress in implementation

In accordance with D 2010/31/EU and MC Decision (2010), Contracting Parties were obliged

to:

Calculate cost-optimal levels of minimum EP requirements using the comparative

methodology framework established by Commission and report to ECS by 30 June 2013

(EPBD, Article 5)

Submit the List of existing and proposed measures and instruments which

promote the objectives of the EPBD by 30 June 2013 (EPBD, Article 10)

Report on the progress of CPs in increasing the number of nearly zero-energy

buildings by 30 December 2013 (EPBD, Article 9)

Common reporting template was prepared by Secretariat and Energy Efficiency

Coordination Group. Countries reported on the progress in implementation (February 2013,

updates during 2013 and 2014).

EEAPs (2013) also included reporting on implementation of EPBD and supporting measures.

Page 11: Energy Community Secretariat 1 Round Table “Energy Efficient Ukraine: First Results and New Tasks Until 2020” Requirements of the Directive 2010/31/EU

Energy Community SecretariatEnergy Community Secretariat 11

UKRAINE - EE ACQUIS TRANSPOSITION STATUS (STATUS APRIL 2015)

Page 12: Energy Community Secretariat 1 Round Table “Energy Efficient Ukraine: First Results and New Tasks Until 2020” Requirements of the Directive 2010/31/EU

Energy Community SecretariatEnergy Community Secretariat 12

Ukraine – key issues (energy efficiency)

An (outdated) Law on Energy Conservation of 1994.

Progress on energy labelling: the Government ‘s Decree and Technical Regulation on

Energy Labelling transposed Directive 2010/30/EU and the Delegated Regulations.

A significant number of acts of primary and secondary legislation remains to be

adopted:

‒ Draft Law on Energy Efficiency;

‒ Draft EEAP 2012-2020;

‒ Draft Law on Energy Efficiency in Buildings;

‒ ESCO Law.

Package of secondary legislation on energy efficiency in buildings is missing.

Real implementation is still a challenge.

Page 13: Energy Community Secretariat 1 Round Table “Energy Efficient Ukraine: First Results and New Tasks Until 2020” Requirements of the Directive 2010/31/EU

Energy Community SecretariatEnergy Community Secretariat 13

Drafting the Law on Energy Efficiency in Buildings compliant with EPBD

2012 process was not successful (EU/ USAID/ ECS involvement)

The ECS proposed amended version of the Law (March 2015) including the addition of the

missing articles from the EPBD, in the Ukrainian current draft. This was followed by EC

comments (March 2015), to make the Law compliant with EPBD

Constant communication with State Agency for Energy Efficiency and Energy Saving,

Ministry of Regional Development, Building and Housing and Communal Services of Ukraine

However, draft Law that was circulated for inter-service consultations didn’t include

suggested provisions by ECS/EC and need amendments to be compliant with EPBD

ECS prepared comparison table with key amendments necessary for compliance with EPBD

(distributed)

ECS is ready to further support the finalization and approval of the Law, and later,

preparation of the secondary legislation to implement the law.

Involvement of donor community would be essential (EU, EBRD, GIZ etc.)

Page 14: Energy Community Secretariat 1 Round Table “Energy Efficient Ukraine: First Results and New Tasks Until 2020” Requirements of the Directive 2010/31/EU

Energy Community SecretariatEnergy Community Secretariat 14

Drafting the Law on Energy Efficiency in Buildings compliant with EPBD

ARTICLE 1. TERMS AND DEFINITIONS

• ‘major renovation’, ‘cost-optimal level’ , ‘building element’ sould be included for the

corect transposition of EPBD

• EPBD definitions existing in other legislation (‘cogeneration’, ‘primary energy’,

‘European standards’, ‘heat pump’ ‚district H&C ‘etc.) should be clearly mentioned in

the law and reported to ECS in line with EPBD Article 28 (2)

Page 15: Energy Community Secretariat 1 Round Table “Energy Efficient Ukraine: First Results and New Tasks Until 2020” Requirements of the Directive 2010/31/EU

Energy Community SecretariatEnergy Community Secretariat 15

Drafting the Law on Energy Efficiency in Buildings compliant with EPBD (cont.)

ARTICLE 6. (GENERAL FRAMEWORK FOR THE CALCULATION OF ENERGY PERFORMANCE OF

BUILDINGS)

>> Key issues defined in Annex I of EPBD:

• Calculated or actual annual energy for typical usage

• Shall include EP and numeric indicator of primary energy

The EP methodology shall be laid down taking into consideration:

• Thermal characteristics

• Building services – heating, cooling, ventilation, lighting, hot water

• Renewable energy systems

• Passive solar systems and solar protection;

• Design (including passive measures), position (Climate) and orientation

• For all different types of domestic and non-domestic buildings

>> NEXT: adoption of the Methodology for calculating the energy performance of buildings and

adoption of relevant supporting CEN standards

Page 16: Energy Community Secretariat 1 Round Table “Energy Efficient Ukraine: First Results and New Tasks Until 2020” Requirements of the Directive 2010/31/EU

Energy Community SecretariatEnergy Community Secretariat 16

Article 7. The minimum EP requirements for energy performance of buildings

>> To be calculated and set using the EP methodology

>> Implemented through Technical regulation on minimum EP requirements

• For new/existing buildings subject to major renovation /building units/ are set with a view to achieving cost-

optimal levels.

• Setting requirements for technical building systems

• Reporting on calculations as part of NEEAP (proposal)

• Ensuring analysis of high-efficiency alternative systems (new and renovated buildings) such as:

- decentralized energy supply systems based on energy from renewable sources

- cogeneration

- district or block heating or cooling

- heat pumps

>> NEXT: Technical regulation on minimum energy performance requirements, National EP calculation

software

Drafting the Law on Energy Efficiency in Buildings compliant with EPBD (cont.)

Page 17: Energy Community Secretariat 1 Round Table “Energy Efficient Ukraine: First Results and New Tasks Until 2020” Requirements of the Directive 2010/31/EU

Energy Community SecretariatEnergy Community Secretariat 17

Drafting the Law on Energy Efficiency in Buildings compliant with EPBD (cont.)

Certification of the EP of buildings (Atr. 8-10)

• Extensive coverage in the draft Law

• Clarified some transposition gaps:

- Content of the certificate better explained

- Issue of EP Certificate: removed 500m2 threshold for rented or sold buildings

- Issue and display of EP certificate for for buildings occupied by a public authority and

frequently visited by the public: threshold of 500 m2 reduced to 250 m2 (based on EPBD

requirement for Contracting Parties to reduce threshold by September 2015)

- Obligation for buildings having an EPC to state their rating when advertised in media

• Leading role by public authorities – they shall take measures to implement recommendations on

increasing a level of EP that are specified in the EP certificate.

>> NEXT: Secondary legislation on energy certification of buildings

Page 18: Energy Community Secretariat 1 Round Table “Energy Efficient Ukraine: First Results and New Tasks Until 2020” Requirements of the Directive 2010/31/EU

Energy Community SecretariatEnergy Community Secretariat 18

Drafting the Law on Energy Efficiency in Buildings compliant with EPBD (cont.)

Regular inspection of heating (above 20kW) and air-conditioning systems (above 12kW)

and inspection reports

- done at regular intervals

- reduced if an automatic monitoring scheme is in place

- all accessible parts

- assessment of efficiency and sizing

- alternative measures that have an equivalent energy saving impact

• Only general provisions inserted in the draft law

>> NEXT: Secondary legislation

• New Article 13: Introduction of system of a control for energy performance certificates in order

set by the Cabinet of Ministers of Ukraine upon consultation with the Energy Community

Secretariat

Page 19: Energy Community Secretariat 1 Round Table “Energy Efficient Ukraine: First Results and New Tasks Until 2020” Requirements of the Directive 2010/31/EU

Energy Community SecretariatEnergy Community Secretariat 19

Drafting the Law on Energy Efficiency in Buildings compliant with EPBD (cont.)

Article 13. National plans for increasing the number of nearly zero-energy buildings (NZEBs)

EPBD requirement:

- By 30 June 2021, all new buildings should be NZEBs

- After By 30 June 2019, new buildings occupied and owned by public authorities to be NZEBs

- Contracting Parties shall draw up national plans for increasing the number of NZEBs

• Only General provisions in the draft Law

• Key elements of the NZEBs Plan inserted:

- Targets

- Policies to be developed that encourage building to be refurbished towards NZEB standards

- Public sector to take the lead

>> NEXT: National plans for increasing the number of nearly zero-energy buildings, starting

January 2016

Page 20: Energy Community Secretariat 1 Round Table “Energy Efficient Ukraine: First Results and New Tasks Until 2020” Requirements of the Directive 2010/31/EU

Energy Community SecretariatEnergy Community Secretariat 20

Drafting the Law on Energy Efficiency in Buildings compliant with EPBD (cont.)

Article 14. Financing of measures on ensure (increase) the energy performance of

buildings

• Added:

- State support for construction and major renovation of buildings is provided taking into

account cost-optimal level of energy performance

- In order to promote the energy performance of buildings and the transition to the nearly

zero-energy buildings, the central executive body that ensures the formation of state

housing policy and policy on housing and utilities is forms a corresponding list of existing

measures and instruments and, where appropriate, offers actions and instruments,

including those with a financial nature. This list is part of NZEB action plan and

submitted to the Energy Community Secretariat

Page 21: Energy Community Secretariat 1 Round Table “Energy Efficient Ukraine: First Results and New Tasks Until 2020” Requirements of the Directive 2010/31/EU

Energy Community SecretariatEnergy Community Secretariat 21

EPBD implementation roadmap

Page 22: Energy Community Secretariat 1 Round Table “Energy Efficient Ukraine: First Results and New Tasks Until 2020” Requirements of the Directive 2010/31/EU

Energy Community SecretariatEnergy Community Secretariat 22

www.energy-community.org

Thank you for your attention!