Council Decision (EU) 2022/443 of 3 March 2022 on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee, concerning the amendment to Annex IV (Energy) to the EEA Agreement (Directive on the Energy Performance of Buildings) (Text with EEA relevance)

Article 1

The position to be adopted, on behalf of the Union, within the EEA Joint Committee on the proposed amendment to Annex IV (Energy) to the EEA Agreement shall be based on the draft decision of the EEA Joint Committee attached to this Decision.

Article 1

The text of point 17 (Directive (EC) No 2002/91 of the European Parliament and of the Council of 16 December 2002) of Annex IV of the EEA Agreement is replaced by the following:
‘
32010 L 0031 : Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (“the EPBD”) ( OJ L 153, 18.6.2010, p. 13 ).
The provisions of the Directive shall, for the purposes of this Agreement, be read with the following adaptations:
(a)
The Directive shall not apply to Iceland.
(b)
The following shall be added to Article 5(2):
“For the purpose of establishing the cost-optimal levels of minimum energy performance requirements, Liechtenstein may use the calculations of another Contracting Party having comparative parameters.”.
(c)
For the purpose of Article 9(3)(a) and Annex I of the EPBD, Liechtenstein and Norway may base their requirements for energy use on net energy, provided that the following conditions and safeguards are fulfilled:
(i)
The minimum energy performance requirements are set in line with the requirements of Article 5 of the EPBD, following the basic principles of the methodology framework, which has been established for the calculation of cost-optimal levels of minimum energy performance requirements.  ( 2 )
(ii)
A numeric indicator of primary energy use corresponding to the energy performance requirements set in the building code is published.
(iii)
The Commission reserves the right to revisit this specific adaptation in the context of the future negotiations on the EPBD as amended by Directive (EU) 2018/844.
(d)
The following shall be added to Article 17:
“EFTA States may establish a simplified user-operated energy performance certification system for residential buildings that can be used as an alternative to the use of experts if the following conditions are met:
(i)
There is a thorough knowledge and good quality data available on the entire residential building stock, including all the building typologies and age bands, and the characteristics of the building envelope and technical building systems in use per typology, which enables the calculation of the energy performance of individual buildings and building units with a high degree of certainty on the basis of user inputs,
(ii)
Detailed information is available on cost-optimal or cost-effective improvements for each building typology,
(iii)
Measures are in place to support the users to operate the system for the purpose of the system issuing building certificates. These measures may include a helpline or advisory services that will enable contact between the users on the one hand, and independent experts and system experts on the other,
(iv)
To ensure negligible risk of manipulation of results, the user-operated certification system includes quality control and verification mechanism(s) to check users’ input data and that the users’ input data are transparent,
(v)
Independent control systems are in place to ensure that the user-operated energy performance certification produces equivalent results to certificates issued by experts, in terms of quality and reliability,
(vi)
The user-operated system issues recommendations which can advise the users of cost-optimal or cost-effective improvements specific for their buildings and building units.”.’.

Article 2

This Decision shall enter into force on the date of its adoption.

Article 2

The text of Directive 2010/31/EU in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union , shall be authentic.

Article 3

This Decision shall enter into force on […], provided that all the notifications under Article 103(1) of the EEA Agreement have been made ( 3 )

* .

Article 4

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union .

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