Directive (EU) 2023/1791 of the European Parliament and of the Council of 13 September 2023 on energy efficiency and amending Regulation (EU) 2023/955 (recast)Text with EEA relevance.

1. The source of the input data used to calculate the factors is Eurostat unless stated otherwise.

1. Ftotal shall be calculated as the weighted sum of all four factors (Fearly-action. Fwealth Fintensity and Fpotential). The target shall be then calculated as the product of the total factor Ftotal and the Union target.

1. The Commission shall calculate a primary and final energy correction factor CEU, which shall be applied to adjust the sum of the formula results for all national contributions to the respective Union targets in 2030. The factor CEU is identical for all Member States.

Annex

ANNEX II

GENERAL PRINCIPLES FOR THE CALCULATION OF ELECTRICITY FROM COGENERATION

Part I

General principles

Values used for calculation of electricity from cogeneration shall be determined on the basis of the expected or actual operation of the unit under normal conditions of use. For micro-cogeneration units the calculation may be based on certified values.

(1) Electricity production from cogeneration shall be considered equal to total annual electricity production of the unit measured at the outlet of the main generators if the following conditions are met:

(a) in cogeneration units of types (2), (4), (5), (6), (7) and (8) as referred to in Part II with an annual overall efficiency set by Member States at a level of at least 75 %;

(b) in cogeneration units of types (1) and (3) as referred to in Part II with an annual overall efficiency set by Member States at a level of at least 80 %.

(2) In cogeneration units with an annual overall efficiency below the value referred to in point (1)(a), namely the cogeneration units of types (2), (4), (5), (6), (7), and (8) as referred to in Part II, or with an annual overall efficiency below the value referred to in point (1)(b), namely the cogeneration units of types (1) and (3) as referred to in Part II, electricity from cogeneration is calculated according to the following formula:

ECHP=HCHPC

where:

ECHP is the amount of electricity from cogeneration;

C is the power-to-heat ratio;

HCHP is the amount of useful heat from cogeneration (calculated for this purpose as total heat production minus any heat produced in separate boilers or by live steam extraction from the steam generator before the turbine).

The calculation of electricity from cogeneration shall be based on the actual power-to-heat ratio. If the actual power-to-heat ratio of a cogeneration unit is not known, the following default values may be used, in particular for statistical purposes, for units of types (1), (2), (3), (4) and (5) as referred to in Part II provided that the calculated cogeneration electricity is less or equal to total electricity production of the unit:

Type of the unitDefault power to heat ratio, CCombined cycle gas turbine with heat recovery0,95Steam back pressure turbine0,45Steam condensing extraction turbine0,45Gas turbine with heat recovery0,55Internal combustion engine0,75

If Member States introduce default values for power-to-heat ratios for units of types (6), (7), (8), (9), (10) and (11) as referred to in Part II, such default values shall be published and shall be notified to the Commission.

(3) If a share of the energy content of the fuel input to the cogeneration process is recovered in chemicals and recycled, that share can be subtracted from the fuel input before calculating the overall efficiency used in points (1) and (2).

(4) Member States may determine the power-to-heat ratio as the ratio of electricity to useful heat when operating in cogeneration mode at a lower capacity using operational data of the specific unit.

(5) Member States may use reporting periods other than annual reporting periods for the purpose of the calculations in accordance with points (1) and (2).

Part II

Cogeneration technologies covered by this Directive

(1) Combined cycle gas turbine with heat recovery

(2) Steam back pressure turbine

(3) Steam condensing extraction turbine

(4) Gas turbine with heat recovery

(5) Internal combustion engine

(6) Microturbines

(7) Stirling engines

(8) Fuel cells

(9) Steam engines

(10) Organic Rankine cycles

(11) Any other type of technology or combination comprising cogeneration.

When implementing and applying the general principles for the calculation of electricity from cogeneration, Member States shall use the detailed Guidelines established by Commission Decision 2008/952/EC

Commission Decision 2008/952/EC of 19 November 2008 establishing detailed guidelines for the implementation and application of Annex II to Directive 2004/8/EC of the European Parliament and of the Council (OJ L 338, 17.12.2008, p. 55).

.

Annex

ANNEX III

METHODOLOGY FOR DETERMINING THE EFFICIENCY OF THE COGENERATION PROCESS

Values used for calculation of efficiency of cogeneration and primary energy savings shall be determined on the basis of the expected or actual operation of the unit under normal conditions of use.

(a) High-efficiency cogeneration

For the purpose of this Directive, high-efficiency cogeneration shall fulfil the following criteria:

cogeneration production from cogeneration units shall provide primary energy savings calculated in accordance with point (b) of at least 10 % compared with the references for separate production of heat and electricity;

production from small-scale and micro-cogeneration units providing primary energy savings may qualify as high-efficiency cogeneration;

for cogeneration units that are built or substantially refurbished after the transposition of this Annex, direct emissions of the carbon dioxide from cogeneration production that is fuelled with fossil fuels, are less than 270 gCO2 per 1 kWh of energy output from the combined generation (including heating/cooling, power and mechanical energy);

cogeneration units in operation before 10 October 2023, may derogate from this requirement until 1 January 2034 provided that they have a plan to reduce progressively the emissions to meet the threshold of less than 270 gCO2 per 1 kWh by 1 January 2034 and that they have notified this plan to relevant operators and competent authorities.

When a cogeneration unit is built or substantially refurbished, Member States shall ensure that there is no increase in the use of fossil fuels other than natural gas in existing heat sources compared to the annual consumption averaged over the previous three calendar years of full operation before refurbishment, and that any new heat sources in that system do not use fossil fuels other than natural gas.

(b) Calculation of primary energy savings

The amount of primary energy savings provided by cogeneration production defined in accordance with Annex II shall be calculated on the basis of the following formula:

Where:

PES is primary energy savings.

CHP Hη is the heat efficiency of the cogeneration production defined as annual useful heat output divided by the fuel input used to produce the sum of useful heat output and electricity from cogeneration.

Ref Hη is the efficiency reference value for separate heat production.

CHP Eη is the electrical efficiency of the cogeneration production defined as annual electricity from cogeneration divided by the fuel input used to produce the sum of useful heat output and electricity from cogeneration. Where a cogeneration unit generates mechanical energy, the annual electricity from cogeneration may be increased by an additional element representing the amount of electricity which is equivalent to that of mechanical energy. This additional element does not create a right to issue guarantees of origin in accordance with Article 26(13).

Ref Eη is the efficiency reference value for separate electricity production.

(c) Calculations of energy savings using alternative calculation

Member States may calculate primary energy savings from a production of heat and electricity and mechanical energy as indicated below without applying Annex II to exclude the non-cogenerated heat and electricity parts of the same process. Such a production can be regarded as high-efficiency cogeneration provided that it fulfils the efficiency criteria set out in point (a) of this Annex and, for cogeneration units with an electrical capacity larger than 25 MW, the overall efficiency is above 70 %. However, specification of the quantity of electricity from cogeneration produced in such a production, for issuing a guarantee of origin and for statistical purposes, shall be determined in accordance with Annex II.

If primary energy savings for a process are calculated using alternative calculation as indicated above the primary energy savings shall be calculated using the formula in point (b) of this Annex replacing: CHP Hη with Hη and CHP Eη with Eη, where:

Hη means the heat efficiency of the process, defined as the annual heat output divided by the fuel input used to produce the sum of heat output and electricity output.

Eη means the electricity efficiency of the process, defined as the annual electricity output divided by the fuel input used to produce the sum of heat output and electricity output. Where a cogeneration unit generates mechanical energy, the annual electricity from cogeneration may be increased by an additional element representing the amount of electricity which is equivalent to that of mechanical energy. This additional element will not create a right to issue guarantees of origin in accordance with Article 26(13).

Member States may use reporting periods other than annual reporting periods for the purpose of the calculations in accordance with points (b) and (c) of this Annex.

For micro-cogeneration units the calculation of primary energy savings may be based on certified data.

(d) Efficiency reference values for separate production of heat and electricity

The harmonised efficiency reference values shall consist of a matrix of values differentiated by relevant factors, including year of construction and types of fuel, and shall be based on a well-documented analysis taking into account, inter alia, data from operational use under realistic conditions, fuel mix and climate conditions as well as applied cogeneration technologies.

The efficiency reference values for separate production of heat and electricity in accordance with the formula set out in point (b) shall establish the operating efficiency of the separate heat and electricity production that cogeneration is intended to substitute.

The efficiency reference values shall be calculated according to the following principles:

(i) for cogeneration units the comparison with separate electricity production shall be based on the principle that the same fuel categories are compared;

(ii) each cogeneration unit shall be compared with the best available and economically justifiable technology for separate production of heat and electricity on the market in the year of construction of the cogeneration unit;

(iii) the efficiency reference values for cogeneration units older than 10 years shall be fixed on the reference values of units of 10 years;

(iv) the efficiency reference values for separate electricity production and heat production shall reflect the climatic differences between Member States.

Annex

ANNEX IV

ENERGY EFFICIENCY REQUIREMENTS FOR PUBLIC PROCUREMENT

In award procedures for public contracts and concessions, contracting authorities and contracting entities that purchase products, services, buildings and works, shall:

(a) where a product is covered by a delegated act adopted under Regulation (EU) 2017/1369, Directive 2010/30/EU or by a related Commission implementing act, purchase only the products that comply with the criterion laid down in Article 7(2) of that Regulation;

(b) where a product not covered under point (a) is covered by an implementing measure under Directive 2009/125/EC, purchase only products that comply with energy efficiency benchmarks specified in that implementing measure;

(c) where a product or a service is covered by the Union green public procurement criteria or available equivalent national criteria, with relevance to energy efficiency of the product or service, make best efforts to purchase only products and services that respect at least the technical specifications set at core level in the relevant Union green public procurement criteria or available equivalent national criteria including among others for data centres, server rooms and cloud services, road lighting and traffic signals, computers, monitors tablets and smartphones;

(d) purchase only tyres that comply with the criterion of having the highest fuel energy efficiency class, as defined in Regulation (EU) 2020/740, which shall not prevent public bodies from purchasing tyres with the highest wet grip class or external rolling noise class where justified by safety or public health reasons;

(e) require in their tenders for service contracts that service providers use, for the purposes of providing the services in question, only products that comply with points (a), (b) and (d), when providing the services in question. This requirement shall apply only to new products purchased by service providers partially or wholly for the purpose of providing the service in question;

(f) purchase, or make new rental agreements for, buildings that comply at least with nearly zero-energy level, without prejudice to Article 6 of this Directive, unless the purpose of the purchase is:

(i) to undertake deep renovation or demolition;

(ii) in the case of public bodies, to re-sell the building without using it for the public body’s own purposes; or

(iii) to preserve it as a building officially protected as part of a designated environment, or because of its special architectural or historic merit.

Compliance with the requirements laid down in point (f) of this Annex shall be verified by means of the energy performance certificates referred to in Article 11 of Directive 2010/31/EU.

Annex

ANNEX V

COMMON METHODS AND PRINCIPLES FOR CALCULATING THE IMPACT OF ENERGY EFFICIENCY OBLIGATION SCHEMES OR OTHER POLICY MEASURES UNDER ARTICLES 8, 9 AND 10 AND ARTICLE 30(14)

1. Methods for calculating energy savings other than those arising from taxation measures for the purposes of Articles 8, 9 and 10 and Article 30(14).

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

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

(b) metered savings, whereby the savings from the installation of a measure, or package of measures, are determined by recording the actual reduction in energy use, taking due account of factors such as additionality, occupancy, production levels and the weather which may affect consumption. The generic approach is termed ex post;

(c) scaled savings, whereby engineering estimates of savings are used. This approach may be used only where establishing robust measured data for a specific installation is difficult or disproportionately expensive, for example replacing a compressor or electric motor with a different kWh rating from that for which independent information about savings has been measured, or where those estimates are carried out on the basis of nationally established methodologies and benchmarks by qualified or accredited experts that are independent of the obligated, participating or entrusted parties involved;

(d) when calculating the energy savings for the purpose of Article 8(3) that can be counted to fulfil the obligation in that Article, Member States may estimate the energy savings of people affected by energy poverty, vulnerable customers, people in low-income households and, where applicable, people living in social housing on the basis of engineering estimates using standardised occupancy and thermal comfort conditions or parameters, such as parameters defined in national building regulations. The way comfort is considered for actions in buildings should be reported by the Member States to the Commission together with explanations of their calculation methodology.

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

1. In determining the energy savings for an energy efficiency measure for the purposes of Articles 8, 9 and 10 and Article 30(14), the following principles apply:

(a) Member States shall demonstrate that one of the objectives of the policy measure, whether new or existing, is the achievement of end-use energy savings pursuant to Article 8(1) and shall provide evidence and their documentation showing that the energy savings are caused by a policy measure, including voluntary agreements;

(b) the savings shall be shown to be additional to those that would have occurred in any event without the activity of the obligated, participating or entrusted parties, or implementing public authorities. To determine the savings that can be claimed as additional, Member States shall have regard to how energy use and demand would evolve in the absence of the policy measure in question by taking into account at least the following factors: energy consumption trends, changes in consumer behaviour, technological progress and changes caused by other measures implemented at Union and national level;

(c) savings resulting from the implementation of mandatory Union law shall be considered to be savings that would have occurred in any event, and thus shall not be claimed as energy savings for the purpose of Article 8(1). By way of derogation from that requirement, savings related to the renovation of existing buildings, including the savings resulting from the implementation of minimum energy performance standards in buildings in accordance with Directive 2010/31/EU, may be claimed as energy savings for the purpose of Article 8(1), provided that the materiality criterion referred to in point 3(h) of this Annex is ensured. Measures promoting energy efficiency improvements in the public sector pursuant to Article 5 and Article 6 may be eligible to be taken into account for the fulfilment of energy savings required under Article 8(1), provided that they result in verifiable and measurable or estimable end-use energy savings. The calculation of energy savings shall comply with this Annex;

(d) end-use energy savings resulting from the implementation of energy efficiency improvement measures taken pursuant to emergency regulations under Article 122 TFEU may be claimed for the purpose of Article 8(1), provided that they result in verifiable and measurable or estimable end-use energy savings, with the exception of those energy savings resulting from rationing or curtailment measures;

(e) measures taken pursuant to Regulation (EU) 2018/842 can be considered material, but Member States have to show that they result in verifiable and measurable or estimable end-use energy savings. The calculation of energy savings shall comply with this Annex;

(f) Member States shall count only end use energy savings from policy measures in sectors or installations covered by Chapter IVa of Directive 2003/87/EC if they result from the implementation of Article 9 or 10 of this Directive and which go beyond the requirements laid down in Directive 2003/87/EC or beyond the implementation of actions linked to the allocation of free allowances under that Directive. Member States shall demonstrate that the policy measures result in verifiable and measurable or estimable end-use energy savings. The calculation of energy savings shall comply with this Annex. If an entity is an obligated party under a national energy efficiency obligation scheme under Article 9 of this Directive and under the EU ETS for buildings and road transport under Chapter IVa of Directive 2003/87/EC, the monitoring and verification system shall ensure that the carbon price passed through when releasing fuel for consumption under that Chapter is taken into account when calculating and reporting the energy savings of its energy saving measures;

(g) credit may be given, provided that it is only given for savings exceeding the following levels:

(i) Union emission performance standards for new passenger cars and new light commercial vehicles following the implementation of Regulation (EU) 2019/631 of the European Parliament and of the Council

Regulation (EU) 2019/631 of the European Parliament and of the Council of 17 April 2019 setting CO2 emission performance standards for new passenger cars and for new light commercial vehicles, and repealing Regulations (EC) No 443/2009 and (EU) No 510/2011 (OJ L 111, 25.4.2019, p. 13).

; Member States must provide reasons, their assumptions and their calculation methodology to show additionality to the Union’s new vehicle CO2 requirements;

(ii) Union requirements relating to the removal from the market of certain energy related products following the implementation of implementing measures under Directive 2009/125/EC. Member States shall provide evidence, their assumptions and their calculation methodology to show additionality;

(h) policies with the purpose of encouraging higher levels of energy efficiency of products, equipment, transport systems, vehicles and fuels, buildings and building elements, processes or markets shall be permitted, except for policy measures:

(i) regarding the use of direct combustion of fossil fuel technologies that are newly implemented as from 1 January 2026; and

(ii) subsidising the use of direct combustion of fossil fuel technologies in residential buildings as from 1 January 2026.

(i) energy savings as a result of policy measures newly implemented as from 1 January 2024 regarding the use of direct fossil fuel combustion in products, equipment, transport systems, vehicles, buildings or works shall not count towards the fulfilment of energy savings obligation pursuant to Article 8(1)(b). In the case of policy measures promoting combinations of technologies, the share of energy savings related to the fossil fuel combustion technology are not eligible as from 1 January 2024.

(j) by way of derogation from point (i), for the period 1 January 2024 to 31 December 2030, energy savings from direct fossil fuel combustion technologies improving the energy efficiency in energy intense enterprises in the industry sector may be counted as energy savings only for the purpose of Article 8(1), points (b) and (c), until 31 December 2030, provided that:

(i) the enterprise has carried out an energy audit pursuant to Article 11(2) and an implementation plan including:

an overview of all cost-effective energy efficiency measures with a payback period of five years or less, on the basis of simple pay-back period methodologies provided by the Member State,

a timeframe for the implementation of all recommended energy efficiency measures with a payback period of five years or fewer,

a calculation of expected energy savings resulting from the energy efficiency measures recommended, and

energy efficiency measures related to the use of direct fossil fuel combustion technologies with the relevant information needed for:

proving that the measure identified does not increase the amount of energy needed or the capacity of an installation,

justifying that the uptake of sustainable, non-fossil fuel technologies is technically not feasible,

showing that the direct fossil fuel combustion technology complies with the most up-to-date corresponding Union emission performance legislation and prevents technology lock-in effects by ensuring future compatibility with climate-neutral alternative non-fossil fuels and technologies.

(ii) the continuation of the use of direct fossil fuel technologies is an energy efficiency measure to decrease energy consumption with a payback period of five years or less, on the basis of simple pay-back period methodologies provided by the Member State, recommended as result of an energy audit pursuant to Article 11(2) and included in the implementation plan;

(iii) the use of direct fossil fuel technologies complies with the most up-to-date corresponding Union emission performance legislation, does not lead to technology lock-in effects and ensures future compatibility with climate-neutral alternative fuels and technologies;

(iv) the use of direct fossil fuel technologies in the enterprise does not lead to an increased energy consumption or increase the capacity of the installation in that enterprise;

(v) evidence is provided that no alternative, sustainable non-fossil fuel solution was technically feasible;

(vi) the use of direct fossil fuel technologies result in verifiable and measurable or estimable end-use energy savings calculated in accordance with this Annex;

(vii) evidence is published on a website or is made publicly available for all interested citizens;

(k) measures promoting the installation of small-scale renewable energy technologies on or in buildings may be eligible to be taken into account for the fulfilment of energy savings required under Article 8(1), provided that they result in verifiable and measurable or estimable end-use energy savings. The calculation of energy savings shall comply with this Annex;

(l) measures promoting the installation of solar thermal technologies may be eligible to be taken into account for the fulfilment of energy savings required under Article 8(1) provided that they result in verifiable and measurable or estimable end-use energy savings. The heat produced by solar thermal technologies from solar radiation can be excluded from their end-use energy consumption;

(m) for policies that accelerate the uptake of more efficient products and vehicles, except those newly implemented as from 1 January 2024 regarding the use of direct fossil fuel combustion, full credit may be claimed, provided that it is shown that such uptake takes place before the expiry of the average expected lifetime of the product or vehicle, or before the product or vehicle would usually be replaced, and the savings are claimed only for the period until the end of the average expected lifetime of the product or vehicle to be replaced;

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

(o) to account for climatic variations between regions, Member States may choose to adjust the savings to a standard value or to accord different energy savings in accordance with temperature variations between regions;

(p) the calculation of energy savings shall take into account the lifetime of the measures and the rate at which the savings decline over time. That calculation shall count the savings each individual action will achieve during the period from its date of implementation to the end of each obligation period. Alternatively, Member States may adopt another method that is estimated to achieve at least the same total quantity of savings. When using another method, Member States shall ensure that the total amount of energy savings calculated using that method does not exceed the amount of energy savings that would have been the result of their calculation when counting the savings each individual action will achieve during the period from its date of implementation to 2030. Member States shall describe in detail in their integrated national energy and climate plans notified pursuant to Article 3 and Articles 7 to 12 of Regulation (EU) 2018/1999 that other method and the provisions made to ensure that the binding calculation requirement is met.

1. Member States shall ensure that the following requirements for policy measures taken pursuant to Article 10 and Article 30(14) are met:

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

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

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

(d) the amount of energy savings required or to be achieved by the policy measure is expressed in either primary energy consumption or final energy consumption, using the net calorific values or primary energy factors referred to in Article 31;

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

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

(g) the energy savings from an individual action are not claimed by more than one party;

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

(i) the activities of the participating party, entrusted party or implementing public authority have no adverse effects on people affected by energy poverty, vulnerable customers and, where applicable, people living in social housing.

1. In determining the energy savings from taxation-related policy measures introduced under Article 10, the following principles shall apply:

(a) credit shall be given only for energy savings from taxation measures exceeding the minimum levels of taxation applicable to fuels as required in Council Directive 2003/96/EC

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).

or 2006/112/EC

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).

;

(b) short-run price elasticities for the calculation of the impact of the energy taxation measures shall represent the responsiveness of energy demand to price changes, and shall be estimated on the basis of recent and representative official data sources, which are applicable for the Member State, and, where applicable, on the basis of accompanying studies from an independent institute. If a different price elasticity than short-run elasticities is used, Member States shall explain how energy efficiency improvements due to the implementation of other Union legislation have been included in the baseline used to estimate the energy savings, or how a double-counting of energy savings from other Union legislation has been avoided;

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

(d) short-run elasticity estimates should be used to assess the energy savings from taxation measures to avoid overlap with Union law and other policy measures;

(e) Member States shall determine distributional effects of taxation and equivalent measures on people affected by energy poverty, vulnerable customers and, where applicable, people living in social housing, and show the effects of the mitigation measures implemented in accordance with Article 24(1), (2) and (3);

(f) Member States shall provide evidence, including calculation methodologies, that where there is an overlap in the impact of energy or carbon taxation measures or emissions trading in accordance with Directive 2003/87/EC, there is no double counting of energy savings.

1. Notification of methodology

Member States shall, in accordance with Regulation (EU) 2018/1999, notify to the Commission their proposed detailed methodology for the operation of the energy efficiency obligation schemes and alternative measures referred to in Articles 9 and 10, and Article 30(14) of this Directive. Except in the case of taxation, such notification shall include information on:

(a) the level of the energy savings required under Article 8(1), first subparagraph, or savings expected to be achieved over the whole period from 1 January 2021 to 31 December 2030;

(b) how the calculated quantity of new energy savings required under Article 8(1), first subparagraph, or energy savings expected to be achieved will be phased over the obligation period;

(c) the obligated, participating or entrusted parties, or implementing public authorities;

(d) target sectors;

(e) policy measures and individual actions, including the expected total amount of cumulative energy savings for each measure;

(f) policy measures or programmes or measures financed under a national energy efficiency fund implemented as a priority among people affected by energy poverty, vulnerable customers and, where applicable, people living in social housing;

(g) the share and the amount of energy savings to be achieved among people affected by energy poverty, vulnerable customers and, where applicable, people living in social housing;

(h) where applicable, the indicators applied, the arithmetic average share and the outcome of policy measures established pursuant to Article 8(3);

(i) where applicable, impacts and adverse effects of policy measures implemented pursuant to Article 8(3) on people affected by energy poverty, vulnerable customers and, where applicable, people living in social housing;

(j) the duration of the obligation period for the energy efficiency obligation scheme;

(k) where applicable, the amount of energy savings or cost reduction targets to be achieved by obligated parties among people affected by energy poverty, vulnerable customers and, where applicable, people living in social housing;

(l) the actions provided for by the policy measure;

(m) the calculation methodology, including how additionality and materiality have been determined and which methodologies and benchmarks are used for deemed and scaled savings, and, where applicable, the net calorific values and conversion factors used;

(n) the lifetimes of measures, and how they are calculated or what they are based upon;

(o) the approach taken to address climatic variations within the Member State;

(p) the monitoring and verification systems for measures under Articles 9 and 10 and how their independence from the obligated, participating or entrusted parties is ensured;

(q) in the case of taxation:

(i) the target sectors and segment of taxpayers;

(ii) the implementing public authority;

(iii) the savings expected to be achieved;

(iv) the duration of the taxation measure;

(v) the calculation methodology, including the price elasticities used and how they have been established and

(vi) how overlaps with EU ETS in accordance with Directive 2003/87/EC have been avoided and the risk of double counting has been abolished.

Annex

ANNEX VI

MINIMUM CRITERIA FOR ENERGY AUDITS INCLUDING THOSE CARRIED OUT AS PART OF ENERGY MANAGEMENT SYSTEMS

The energy audits referred to in Article 11 shall:

(a) be based on up-to-date, measured, traceable operational data on energy consumption and (for electricity) load profiles;

(b) comprise a detailed review of the energy consumption profile of buildings or groups of buildings, industrial operations or installations, including transportation;

(c) identify energy efficiency measures to decrease energy consumption;

(d) identify the potential for cost-effective use or production of renewable energy;

(e) build, whenever possible, on life-cycle cost analysis instead of simple payback periods in order to take account of long-term savings, residual values of long-term investments and discount rates;

(f) be proportionate, and sufficiently representative to permit the drawing of a reliable picture of overall energy performance and the reliable identification of the most significant opportunities for improvement.

Energy audits shall allow detailed and validated calculations for the proposed measures so as to provide clear information on potential savings.

The data used in energy audits shall be storable for historical analysis and tracking performance.

Annex

ANNEX VII

MINIMUM REQUIREMENTS FOR MONITORING AND PUBLISHING THE ENERGY PERFORMANCE OF DATA CENTRES

The following minimum information shall be monitored and published with regard to the energy performance of data centres referred to in Article 12:

(a) the name of the data centre, the name of the owner and operators of the data centre, the date on which the data centre started its operations and the municipality where the data centre is based;

(b) the floor area of the data centre, the installed power, the annual incoming and outgoing data traffic, and the amount of data stored and processed within the data centre;

(c) the performance, during the last full calendar year, of the data centre in accordance with key performance indicators about, inter alia, energy consumption, power utilisation, temperature set points, waste heat utilisation, water usage and use of renewable energy, using as a basis, where applicable, the CEN/CENELEC EN 50600-4 Information technology – Data centre facilities and infrastructures, until the entry into force of the delegated act adopted pursuant to Article 33(3).

Annex

ANNEX VIII

MINIMUM REQUIREMENTS FOR BILLING AND BILLING INFORMATION BASED ON ACTUAL CONSUMPTION OF NATURAL GAS

1. Minimum requirements for billing

1.1.

Billing based on actual consumption

In order to enable final customers to regulate their own energy consumption, billing should take place on the basis of actual consumption at least once a year, and billing information should be made available at least on a quarterly basis, on request or where the consumers have opted to receive electronic billing or else twice a year. Gas used only for cooking purposes may be exempt from this requirement.

1.2.

Minimum information contained in the bill

Member States shall ensure that, where appropriate, the following information is made available to final customers in clear and understandable terms in or with their bills, contracts, transactions, and receipts at distribution stations:

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

(b) comparisons of the final customer’s current energy consumption with consumption for the same period in the previous year, preferably in graphic form;

(c) contact information for final customers’ organisations, energy agencies or similar bodies, including website addresses from which information may be obtained on available energy efficiency improvement measures, comparative end-user profiles and objective technical specifications for energy-using equipment.

In addition, wherever possible and useful, Member States shall ensure that comparisons with an average normalised or benchmarked final customer in the same user category are made available to final customers in clear and understandable terms, in, with or signposted to within, their bills, contracts, transactions, and receipts at distribution stations.

1.3.

Advice on energy efficiency accompanying bills and other feedback to final customers

When sending contracts and contract changes, and in the bills customers receive or through websites addressing individual customers, energy distributors, distribution system operators and retail energy sales companies shall inform their customers in a clear and understandable manner of contact information for independent consumer advice centres, energy agencies or similar institutions, including their internet addresses, where they can obtain advice on available energy efficiency measures, benchmark profiles for their energy consumption and technical specifications of energy using appliances that can serve to reduce the consumption of those appliances.

Annex

ANNEX IX

MINIMUM REQUIREMENTS FOR BILLING AND CONSUMPTION INFORMATION FOR HEATING, COOLING AND DOMESTIC HOT WATER

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

In order to enable final users to regulate their own energy consumption, billing shall take place on the basis of actual consumption or heat cost allocator readings at least once per year.

1. Minimum frequency of billing or consumption information

Until 31 December 2021, where remotely readable meters or heat cost allocators have been installed, billing or consumption information based on actual consumption or heat cost allocator readings shall be provided to final users at least on a quarterly basis upon request or where final customers have opted to receive electronic billing, or else twice a year.

From 1 January 2022, where remotely readable meters or heat cost allocators have been installed, billing or consumption information based on actual consumption or heat cost allocator readings shall be provided to final users at least on a monthly basis. It may also be made available via the internet and be updated as frequently as allowed by the measurement devices and systems used. Heating and cooling may be exempted from that requirement outside the heating or cooling seasons.

1. Minimum information contained in the bill

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

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

(b) the fuel mix used and the related annual GHG emissions, including for final users supplied by district heating or district cooling, and a description of the different taxes, levies and tariffs applied;

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

(d) contact information for final customers’ organisations, energy agencies or similar bodies, including website addresses, from which information on available energy efficiency improvement measures, comparative end-user profiles and objective technical specifications for energy-using equipment may be obtained;

(e) information about related complaints procedures, ombudsman services or alternative dispute resolution mechanisms, as applicable in the Member States;

(f) comparisons with an average normalised or benchmarked final user in the same user category. In the case of electronic bills, such comparisons may instead be made available online and signposted to within the bills.

Member States may limit the scope of the requirement to provide information about GHG emissions pursuant to point (b) of the first subparagraph to include only supplies from district heating systems with a total rated thermal input exceeding 20 MW.

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

Annex

ANNEX X

POTENTIAL FOR EFFICIENCY IN HEATING AND COOLING

The comprehensive assessment of national heating and cooling potentials referred to in Article 25(1) shall include and shall be based on the following:

Part I

OVERVIEW OF HEATING AND COOLING

1. heating and cooling demand in terms of assessed useful energy

The amount of thermal energy needed to satisfy the heating and cooling demand of end-users.

and quantified final energy consumption in GWh per year

The most recent data available should be used.

by sector:

(a) residential;

(b) services;

(c) industry;

(d) any other sector that individually consumes more than 5 % of total national useful heating and cooling demand;

1. the identification, or, in the case of point (a)(i), the identification or estimation, of current heating and cooling supply:

(a) by technology, in GWh per year

The most recent data available should be used.

, within the sectors referred to in point 1 where possible, distinguishing between energy derived from fossil and renewable sources:

(i) provided on-site in residential and service sites by:

heat only boilers;

high-efficiency heat and power cogeneration;

heat pumps;

other on-site technologies and sources;

(ii) provided on-site in non-service and non-residential sites by:

heat only boilers;

high-efficiency heat and power cogeneration;

heat pumps;

other on-site technologies and sources;

(iii) provided off-site by:

high-efficiency heat and power cogeneration;

waste heat;

other off-site technologies and sources;

(b) the identification of installations that generate waste heat or cold and their potential heating or cooling supply, in GWh per year:

(i) thermal power generation installations that can supply or can be retrofitted to supply waste heat with a total thermal input exceeding 50 MW;

(ii) heat and power cogeneration installations using technologies referred to in Part II of Annex II with a total thermal input exceeding 20 MW;

(iii) waste incineration plants;

(iv) renewable energy installations with a total thermal input exceeding 20 MW other than the installations specified under points (i) and (ii) generating heating or cooling using the energy from renewable sources;

(v) industrial installations with a total thermal input exceeding 20 MW which can provide waste heat;

(c) reported share of energy from renewable sources and from waste heat or cold in the final energy consumption of the district heating and cooling

The identification of renewable cooling shall, after the methodology for calculating the quantity of renewable energy used for cooling and district cooling is established in accordance with Article 35 of Directive (EU) 2018/2001, be carried out in accordance with that Directive. Until then it shall be carried out according to an appropriate national methodology.

sector over the past 5 years, in accordance with Directive (EU) 2018/2001;

1. aggregated data on cogeneration units in existing district heating and cooling networks in five capacity ranges covering:

(a) primary energy consumption;

(b) overall efficiency;

(c) primary energy savings;

(d) CO2 emission factors;

1. aggregated data on existing district heating and cooling networks supplied from cogeneration in five capacity ranges covering:

(a) overall primary energy consumption;

(b) primary energy consumption of cogeneration units;

(c) share of cogeneration in district heating or cooling supply;

(d) district heating system losses;

(e) district cooling system losses;

(f) connection density;

(g) shares of systems per different operating temperature groups;

1. a map covering the entire national territory, which, while preserving commercially sensitive information, identifies:

(a) heating and cooling demand areas following from the analysis of point 1, while using consistent criteria for focusing on energy dense areas in municipalities and conurbations;

(b) existing heating and cooling supply points identified under point 2(b) and district heating transmission installations;

(c) planned heating and cooling supply points of the type described under point 2(b) and identified new areas for the district heating and cooling;

1. a forecast of trends in the demand for heating and cooling to maintain a perspective of the next 30 years in GWh and taking into account, in particular, projections for the next 10 years, the change in demand in buildings and different sectors of the industry, and the impact of policies and strategies related to the demand management, such as long-term building renovation strategies under Directive (EU) 2018/844 of the European Parliament and of the Council

Directive (EU) 2018/844 of the European Parliament and of the Council of 30 May 2018 amending Directive 2010/31/EU on the energy performance of buildings and Directive 2012/27/EU on energy efficiency (OJ L 156, 19.6.2018, p. 75).

;

Part II

OBJECTIVES, STRATEGIES AND POLICY MEASURES

1. planned contribution of the Member State to its national objectives, targets and contributions for the five dimensions of the Energy Union, as laid out in Article 3(2), point (b), of Regulation (EU) 2018/1999, delivered through efficiency in heating and cooling, in particular related to Article 4, point (b), points 1 to 4 and to Article 15 (4), point (b) of that Regulation, identifying which of those elements is additional compared to the integrated national energy and climate plan notified pursuant to Article 3 and Articles 7 to 12 of that Regulation;

1. a general overview of the existing policies and measures as described in the most recent report submitted in accordance with Articles 3, 20 and 21 and Article 27(a) of Regulation (EU) 2018/1999;

Part III

ANALYSIS OF THE ECONOMIC POTENTIAL FOR EFFICIENCY IN HEATING AND COOLING

1. an analysis of the economic potential

The analysis of the economic potential should present the volume of energy (in GWh) that can be generated per year by each technology analysed. The limitations and interrelations within the energy system should also be taken into account. The analysis may make use of models based on assumptions representing the operation of common types of technologies or systems.

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

The following technologies should be considered:

(a) industrial waste heat and cold;

(b) waste incineration;

(c) high efficiency cogeneration;

(d) renewable energy sources, such as geothermal, solar thermal and biomass, other than those used for high efficiency cogeneration;

(e) heat pumps;

(f) reducing heat and cold losses from existing district networks;

(g) district heating and cooling;

1. the analysis of economic potential shall include the following steps and considerations:

(a) Considerations:

(i) the cost-benefit analysis for the purposes of Article 25(3) shall include an economic analysis that takes into consideration socioeconomic and environmental factors

Including the assessment referred to in Article 15 (7) of Directive (EU) 2018/2001.

, and a financial analysis performed to assess projects from the investors’ point of view, both economic and financial analyses using the net present value as a criterion for the assessment;

(ii) the baseline scenario should serve as a reference point and take into account existing policies at the time of compiling this comprehensive assessment

The cut-off date for taking into account policies for the baseline scenario is the end of the year preceding to the year by the end of which the comprehensive assessment is due. That is to say, policies enacted within a year prior to the deadline for submission of the comprehensive assessment do not need to be taken into account.

, and be linked to data collected under Part I and Part II, point 6 of this Annex;

(iii) alternative scenarios to the baseline shall take into account energy efficiency and the renewable energy objectives of Regulation (EU) 2018/1999, each scenario presenting the following elements compared to the baseline scenario:

economic potential of technologies examined using the net present value as criterion;

GHG emission reductions;

primary energy savings in GWh per year;

impact on the share of renewables in the national energy mix.

Scenarios that are not feasible due to technical reasons, financial reasons or national regulation may be excluded at an early stage of the cost-benefit analysis, if justified on the basis of careful, explicit and well-documented considerations.

The assessment and decision-making should take into account costs and energy savings from the increased flexibility in energy supply and from a more optimal operation of the electricity networks, including avoided costs and savings from reduced infrastructure investment, in the analysed scenarios.

(b) Costs and benefits

The costs and benefits referred to in point (a) shall include at least the following costs and benefits:

(i) costs:

capital costs of plants and equipment;

capital costs of the associated energy networks;

variable and fixed operating costs;

energy costs;

environmental, health and safety costs, to the extent possible;

labour market costs, energy security and competitiveness, to the extent possible.

(ii) benefits:

value of output to the consumer (heating, cooling and electricity);

external benefits such as environmental, greenhouse gas emissions and health and safety benefits, to the extent possible;

labour market effects, energy security and competitiveness, to the extent possible.

(c) Relevant scenarios to the baseline:

All relevant scenarios to the baseline shall be considered, including the role of efficient individual heating and cooling. The cost-benefit analysis may cover either a project assessment or a group of projects for a broader local, regional or national assessment in order to establish the most cost-effective and beneficial heating or cooling solution against a baseline for a given geographical area for the purpose of planning.

(d) Boundaries and integrated approach:

(i) the geographical boundary shall cover a suitable, well-defined geographical area;

(ii) the cost-benefit analyses shall take into account all relevant centralised or decentralised supply resources available within the system and geographical boundary, including technologies considered under Part III, point 9, of this Annex, and heating and cooling demand trends and characteristics.

(e) Assumptions:

(i) Member States shall provide assumptions, for the purpose of the cost-benefit analyses, on the prices of major input and output factors and the discount rate;

(ii) the discount rate used in the economic analysis to calculate net present value shall be chosen according to European or national guidelines;

(iii) Member States shall use national, European or international energy price development forecasts, if appropriate, in their national, regional or local context;

(iv) the prices used in the economic analysis shall reflect socio-economic costs and benefits. External costs, such as environmental and health effects, should be included to the extent possible, namely when a market price exists or when it is already included in European or national regulation.

(f) Sensitivity analysis: a sensitivity analysis shall be included to assess the costs and benefits of a project or group of projects and be based on variable factors having a significant impact on the outcome of the calculations, such as different energy prices, levels of demand, discount rates and other.

Part IV

POTENTIAL NEW STRATEGIES AND POLICY MEASURES

1. an overview of new legislative and non-legislative policy measures

This overview shall include financing measures and programmes that may be adopted over the period of the comprehensive assessment, not prejudging a separate notification of the public support schemes for a State aid assessment.

to realise the economic potential identified in accordance with points 9 and 10, together with a forecast of:

(a) greenhouse gas emission reductions;

(b) primary energy savings in GWh per year;

(c) impact on the share of high-efficiency cogeneration;

(d) impact on the share of renewables in the national energy mix and in the heating and cooling sector;

(e) links to national financial programming and cost savings for the public budget and market participants;

(f) estimated public support measures, if any, with their annual budget and identification of the potential aid element.

Annex

ANNEX XI

COST-BENEFIT ANALYSES

Cost-benefit analyses shall provide information for the purpose of the measures referred to in Article 25(3) and Article 26(7):

If an electricity-only installation or an installation without heat recovery is planned, a comparison shall be made between the planned installations or the planned refurbishment and an equivalent installation producing the same amount of electricity or process heat, but recovering the waste heat and supplying heat through high-efficiency cogeneration or district heating and cooling networks, or both.

Within a given geographical boundary the assessment shall take into account the planned installation and any appropriate existing or potential heat or cooling demand points that could be supplied from it, taking into account rational possibilities, for example, technical feasibility and distance.

The system boundary shall be set to include the planned installation and the heat and cooling loads, such as building(s) and industrial process. Within this system boundary the total cost of providing heat and power shall be determined for both cases and compared.

Heat or cooling loads shall include existing heat or cooling loads, such as an industrial installation or an existing district heating or cooling system, and also, in urban areas, the heat or cooling load and costs that would exist if a group of buildings or part of a city were provided with or connected into a new district heating or cooling network, or both.

Cost-benefit analyses shall be based on a description of the planned installation and the comparison installation(s), covering electrical and thermal capacity, as applicable, fuel type, planned usage and the number of planned operating hours every year, location and electricity and thermal demand.

An assessment of waste heat utilisation shall take into consideration current technologies. The assessment shall take into consideration the direct use of waste heat or its upgrading to higher temperature levels, or both. In the case of waste heat recovery on-site, at least the use of heat exchangers, heat pumps, and heat to power technologies shall be assessed. In the case of waste heat recovery off-site, at least industrial installations, agriculture sites and district heating networks shall be assessed as potential demand points.

For the purpose of the comparison, the thermal energy demand and the types of heating and cooling used by the nearby heat or cooling demand points shall be taken into account. The comparison shall cover infrastructure related costs for the planned and comparison installation.

Cost-benefit analyses for the purposes of Article 26(7) shall include an economic analysis covering a financial analysis reflecting actual cash flow transactions from investing in and operating individual installations.

Projects with positive cost-benefit outcome are those where the sum of discounted benefits in the economic and financial analysis exceeds the sum of discounted costs (cost-benefit surplus).

Member States shall set guiding principles for the methodology, assumptions and time horizon for the economic analysis.

Member States may require that the companies responsible for the operation of thermal electric generation installations, industrial companies, district heating and cooling networks, or other parties influenced by the defined system boundary and geographical boundary, contribute data for use in assessing the costs and benefits of an individual installation.

Annex

ANNEX XII

GUARANTEE OF ORIGIN FOR ELECTRICITY PRODUCED FROM HIGH-EFFICIENCY COGENERATION

(1) Member States shall take measures to ensure that:

(a) the guarantee of origin of the electricity produced from high-efficiency cogeneration:

enables producers to demonstrate that the electricity they sell is produced from high-efficiency cogeneration and is issued to that effect in response to a request from the producer;

is accurate, reliable and fraud-resistant;

is issued, transferred and cancelled electronically;

(b) the same unit of energy from high-efficiency cogeneration is taken into account only once.

(2) The guarantee of origin referred to in Article 26(13) shall contain at least the following information:

(a) the identity, location, type and capacity (thermal and electrical) of the installation where the energy was produced;

(b) the dates and places of production;

(c) the lower calorific value of the fuel source from which the electricity was produced;

(d) the quantity and the use of the heat generated together with the electricity;

(e) the quantity of electricity from high-efficiency cogeneration in accordance with Annex III that the guarantee of origin represents;

(f) the primary energy savings calculated in accordance with Annex III on the basis of the harmonised efficiency reference values indicated in Annex III, point (d);

(g) the nominal electric and thermal efficiency of the plant;

(h) whether and to what extent the installation has benefited from investment support;

(i) whether and to what extent the unit of energy has benefited in any other way from a national support scheme, and the type of support scheme;

(j) the date on which the installation became operational; and

(k) the date and country of issue and a unique identification number.

The guarantee of origin shall be of the standard size of 1 MWh. It shall relate to the net electricity output measured at the station boundary and exported to the grid.

Annex

ANNEX XIII

ENERGY EFFICIENCY CRITERIA FOR ENERGY NETWORK REGULATION AND FOR ELECTRICITY NETWORK TARIFFS

1. Network tariffs shall be transparent and non-discriminatory, and shall comply with Article 18 of Regulation (EU) 2019/943 and be cost-reflective of cost-savings in networks achieved from demand-side and demand- response measures and distributed generation, including savings from lowering the cost of delivery or of network investment and a more optimal operation of the network.

1. Network regulation and tariffs shall not prevent network operators or energy retailers making available system services for demand response measures, demand management and distributed generation on organised electricity markets, including over-the-counter markets and electricity exchanges for trading energy, capacity, balancing and ancillary services in all timeframes, including forward, day-ahead and intra-day markets, in particular:

(a) the shifting of the load from peak to off-peak times by final customers taking into account the availability of renewable energy, energy from cogeneration and distributed generation;

(b) energy savings from demand response of distributed consumers by independent aggregators;

(c) demand reduction from energy efficiency measures undertaken by energy service providers, including ESCOs;

(d) the connection and dispatch of generation sources at lower voltage levels;

(e) the connection of generation sources from closer location to the consumption; and

(f) the storage of energy.

1. Network or retail tariffs may support dynamic pricing for demand response measures by final customers, such as:

(a) time-of-use tariffs;

(b) critical peak pricing;

(c) real time pricing; and

(d) peak time rebates.

Annex

ANNEX XIV

ENERGY EFFICIENCY REQUIREMENTS FOR TRANSMISSION SYSTEM OPERATORS AND DISTRIBUTION SYSTEM OPERATORS

Transmission system operators and distribution system operators shall:

(a) set up and make public their standard rules relating to the bearing and sharing of costs of technical adaptations, such as grid connections, grid reinforcements and the introduction of new grids, improved operation of the grid and rules on the non-discriminatory implementation of the grid codes, which are necessary in order to integrate new producers feeding electricity produced from high-efficiency cogeneration into the interconnected grid;

(b) provide any new producer of electricity produced from high-efficiency cogeneration wishing to be connected to the system with the comprehensive and necessary information required, including:

(i) a comprehensive and detailed estimate of the costs associated with the connection;

(ii) a reasonable and precise timetable for receiving and processing the request for grid connection;

(iii) a reasonable indicative timetable for any proposed grid connection. The overall process to become connected to the grid should be no longer than 24 months, bearing in mind what is reasonably practicable and non-discriminatory;

(c) provide standardised and simplified procedures for the connection of distributed high-efficiency cogeneration producers to facilitate their connection to the grid.

The standard rules referred to in point (a) of the first paragraph shall be based on objective, transparent and non-discriminatory criteria taking particular account of all the costs and benefits associated with the connection of those producers to the grid. They may provide for different types of connection.

Annex

ANNEX XV

MINIMUM ITEMS TO BE INCLUDED IN ENERGY PERFORMANCE CONTRACTS OR IN THE ASSOCIATED TENDER SPECIFICATIONS

Findings and recommendations set out in analyses and energy audits carried out before the contract has been concluded that cover energy use of the building with a view to implementing energy efficiency improvement measures.

A clear and transparent list of the efficiency measures to be implemented or the efficiency results to be obtained.

Guaranteed savings to be achieved by implementing the measures of the contract.

The duration and milestones of the contract, terms and period of notice.

A clear and transparent list of the obligations of each contracting party.

Reference date(s) to establish achieved savings.

A clear and transparent list of steps to be performed to implement a measure or package of measures and, where relevant, associated costs.

An obligation to fully implement the measures in the contract and documentation of all changes made during the project.

Regulations specifying the inclusion of equivalent requirements in any subcontracting with third parties.

A clear and transparent display of the financial implications of the project and the distribution of the share of both parties in the monetary savings achieved, namely the remuneration of the service provider.

A clear and transparent provisions on measurement and verification of the guaranteed savings achieved, quality checks and guarantees.

Provisions clarifying the procedure to deal with changing framework conditions that affect the content and the outcome of the contract, namely changing energy prices and the use intensity of an installation.

Detailed information on the obligations of each contracting party and of the penalties for their breach.

Annex

ANNEX XVI

Part A

Repealed Directive with list of the successive amendments thereto (referred to in Article 39)

Directive 2012/27/EU of the European Parliament and of the Council

(OJ L 315, 14.11.2012, p. 1)

Council Directive 2013/12/EU

(OJ L 141, 28.5.2013, p. 28)

Directive (EU) 2018/844 of the European Parliament and of the Council

(OJ L 156, 19.6.2018, p. 75)

only Article 2

Directive (EU) 2018/2002 of the European Parliament and of the Council

(OJ L 328, 21.12.2018, p. 210)

Regulation (EU) 2018/1999 of the European Parliament and of the Council

(OJ L 328, 21.12.2018, p. 1)

only Article 54

Decision (EU) 2019/504 of the European Parliament and of the Council

(OJ L 85I, 27.3.2019, p. 66)

only Article 1

Commission Delegated Regulation (EU) 2019/826

(OJ L 137, 23.5.2019, p. 3)

Directive (EU) 2019/944 of the European Parliament and of the Council

(OJ L 158, 14.6.2019, p. 125)

only Article 70

Part B

Time-limits for transposition into national law (referred to in Article 39)

DirectiveTime-limit for transposition2012/27/EU5 June 2014(EU) 2018/84410 March 2020(EU) 2018/2002

25 June 2020, with the exception of points 5 to 10 of Article 1 and points 3 and 4 of the Annex

25 October 2020 as regards points 5 to 10 of Article 1 and points 3 and 4 of the Annex

(EU) 2019/944

31 December 2019 as regards point (5)(a) of Article 70

25 October 2020 as regards point (4) of Article 70

31 December 2020 as regards points (1) to (3), (5)(b) and (6) of Article 70

Annex

ANNEX XVII

Correlation Table

Directive 2012/27/EUThis DirectiveArticle 1Article 1Article 2, introductory wordingArticle 2, introductory wordingArticle 2, point 1Article 2, point 1-Article 2, points 2, 3 and 4Article 2, point 2Article 2, point 5Article 2, point 3Article 2, point 6-Article 2, point 7Article 2, point 4Article 2, point 8Article 2, point 5Article 2, point 9Article 2, point 6Article 2, point 10Article 2, point 7Article 2, point 11Article 2, point 8Article 2, point 12Article 2, point 9-Article 2, point 10Article 2, point 13_Article 2, points 14 and 15Article 2, point 11Article 2, point 16Article 2, point 12Article 2, point 17Article 2, point 13Article 2, point 18Article 2, point 14Article 2, point 19Article 2, point 15Article 2, point 20Article 2, point 16Article 2, point 21Article 2, point 17Article 2, point 22Article 2, point 18Article 2, point 23Article 2, point 19Article 2, point 24Article 2, point 20Article 2, point 25Article 2, point 21Article 2, point 26Article 2, point 22Article 2, point 27Article 2, point 23Article 2, point 28Article 2, point 24Article 2, point 29-Article 2, point 30-Article 2, point 31Article 2, point 25Article 2, point 32Article 2, point 26-Article 2, point 27Article 2, point 33Article 2, point 28Article 2, point 34Article 2, point 29Article 2, point 35

Article 4(2), second subparagraph

Article 3(1), third subparagraph, point (c)Article 4(3), first subparagraph, point (e)(ii)Article 3(1), third subparagraph, point (d)Article 4(3), first subparagraph, point (e)(iii)Article 3(1), third subparagraph, point (e)--Article 4(3), first subparagraph, point (e)(iv)Article 3(2) and (3)-Article 3(4)Article 35(6)Article 3(5) and (6)--Article 4(4)-Article 4(5)Article 4(6)Article 4(7)-Article 5Article 5(1), first subparagraphArticle 6(1), first subparagraphArticle 5(1), second subparagraphArticle 6(1), fifth subparagraph-Article 6(1), second and third subparagraphArticle 5(1), third subparagraphArticle 6(1), fourth subparagraphArticle 5(1), fourth and fifth subparagraph-

Article 6(2), second subparagraph

Article 22(2), second subparagraph, point (h)