The European Commission is referring Belgium and Finland to the Court of Justice of the European Union for failing to transpose the Energy Performance of Buildings Directive.

The directive which had to be transposed into national law by 9 July 2012, requires member states to establish and apply minimum energy performance requirements for all buildings,ensures the certification of buildings' energy performance and requires the regulari nspection of heating and air conditioning systems. In addition, the directive wants Member States to ensure that by 2021 all new buildings are so-called nearly zero-energy buildings.

"Energy efficiency is vital for keeping our energy costs in check and mitigating climate change. Using less energy is paramount for ensuring security of supply in Europe. It is essential that all Member States put in place the legislation necessary to speed up energy efficiency measures. 40% of EU energy consumption is in the buildings' sector and it is here where the most energy can be saved", said Gunther Oettinger, the EU Energy Commissioner.

Under the Energy Performance of Buildings Directive (Directive 2010/31/EU) consumers and citizens have the right to be informed about the energy performance of the building they intend to buy, rent or construct and the right to be properly advised on cost-effective ways to improve the energy performance of the building.

The Commission proposes a daily penalty of 19.178, 25 € against Finland and 42.178, 50 € against Belgium.The level of this penalty is set taking into account the duration and thes everity of the infringement. In case of an affirmative judgment of the Court,the daily penalty is to be paid from the date of the judgment until the transposition is complete. The Court will decide the final amount of the daily penalty.

The Commission is currently also examining the situation in other Member States (United Kingdom, Slovenia, Romania, Poland, the Netherlands, Malta, Latvia, Luxembourg, Italy, Greece,Estonia, Czech Republic and Austria) to which reasoned opinions for incomplete transposition have been addressed.

Background

The EU’s target is a 20% cut in Europe's annual primary energy consumption by 2020. Buildings account for more than one third of its CO2-emissions and about 40% of the EU's total final energy consumption.

By appropriately transposing and implementing the legislation on energy efficiency in buildings, EU Member States can achieve a substantial amount of cost effective energy savings and avoid associated greenhouse gas emissions.

Under the Lisbon Treaty, which entered into force on 1 December 2009, if Member States fail to transpose EU legislation into national law within the required deadline, the Commission may ask the Court to impose financial sanctions when referring the case to court.

The daily penalty payment is calculated based on a formula, where the following elements are multiplied:

1. seriousness factor

2. length of the infringement

3."n" factor (which varies between Member States and takes into account their GDP)

4. flat-rate amount, which currently is set at €650 per day.

European Commission_Press Release

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