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Penalties
Member States shall lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall by 11 October 2025 notify the Commission of those rules and of those measures and shall notify it without delay of any subsequent amendment affecting them.
Delegated acts
1. The Commission is empowered to adopt delegated acts in accordance with Article 34 to review the harmonised efficiency reference values laid down in Regulation (EU) 2015/2402. 2. The Commission is empowered to adopt delegated acts in accordance with Article 34 to amend this Directive by adapting to technical progress the values, calculation methods, default primary energy coefficients and the requirements referred to in Article 31 and in Annexes II, III, V, VIII to XII, and XIV. 3. The Commission is empowered to adopt delegated acts in accordance with Article 34 to supplement this Directive by establishing, after having consulted the relevant stakeholders, a common Union scheme for rating the sustainability of data centres located in its territory. The Commission shall adopt the first such delegated act by 31 December 2023. The common Union scheme shall establish the definition of data centre sustainability indicators and shall set out the key performance indicators and the methodology to measure them.
Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 33 shall be conferred on the Commission for a period of five years from 10 October 2023. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of power referred to in Article 33 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 33 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Review and monitoring of implementation
1. In the context of its State of the Energy Union report submitted pursuant to Article 35 of Regulation (EU) 2018/1999, the Commission shall report on the functioning of the carbon market in accordance with Article 35(1) and Article 35(2), point (c), of that Regulation, taking into consideration the effects of the implementation of this Directive. 2. By 31 October 2025 and every four years thereafter, the Commission shall evaluate the existing measures to achieve energy efficiency increase and decarbonisation in heating and cooling. The evaluation shall take into account all of the following: (a) energy efficiency and GHG emissions trends in heating and cooling, including in district heating and cooling; (b) interlinkages between measures taken; (c) changes in energy efficiency and greenhouse gas emissions in the heating and cooling; (d) existing and planned energy efficiency policies and measures and greenhouse gas reduction policies and measures at Union and national level; (e) measures which Member States provided in their comprehensive assessments pursuant to Article 25(1) of this Directive and notified in accordance with Article 17(1) of Regulation (EU) 2018/1999. By 31 October 2025 and every four years thereafter, the Commission shall submit a report to the European Parliament and to the Council on that evaluation and, if appropriate, propose measures to ensure the achievement of the Union’s climate and energy targets. 3. Member States shall submit to the Commission before 30 April each year statistics on national electricity and heat production from high and low efficiency cogeneration, in accordance with the general principles set out in Annex II, in relation to total heat and electricity production. They shall also submit annual statistics on cogeneration heat and electricity capacities and fuels for cogeneration, and on district heating and cooling production and capacities, in relation to total heat and electricity production and capacities. Member States shall submit statistics on primary energy savings achieved by the application of cogeneration in accordance with the methodology set out in Annex III. 4. By 1 January 2021, the Commission shall submit a report to the European Parliament and to the Council, on the basis of an assessment of the potential for energy efficiency in conversion, transformation, transmission, transportation and storage of energy, accompanied, where appropriate, by legislative proposals. 5. By 31 December 2021, the Commission shall, subject to any changes to the provisions relating to retail markets in Directive 2009/73/EC, carry out an assessment, and submit a report to the European Parliament and to the Council, on the provisions related to metering, billing and consumer information for natural gas, with the aim of aligning them, where appropriate, with the relevant provisions for electricity in Directive (EU) 2019/944, in order to strengthen consumer protection and enable final customers to receive more frequent, clear and up-to-date information about their natural gas consumption and to regulate their energy use. As soon as possible after the submission of that report, the Commission shall, where appropriate, adopt legislative proposals. 6. By 31 October 2022, the Commission shall assess whether the Union has achieved its 2020 headline targets on energy efficiency. 7. By 28 February 2027 and every five years thereafter, the Commission shall evaluate the implementation of this Directive and submit a report to the European Parliament and to the Council. That evaluation shall include: (a) an assessment of the general effectiveness of this Directive and the need to further adjust the Union’s energy efficiency policy in accordance with the objectives of the Paris Agreement and in light of economic and innovation developments; (b) a detailed assessment of the aggregated macroeconomic impact of this Directive, with an emphasis on the effects on the Union’s energy security, energy prices, minimising energy poverty, economic growth, competitiveness, job creation, mobility cost and household purchasing power; (c) the Union’s 2030 headline targets on energy efficiency set out in Article 4(1) with a view to revising those targets upwards in the event of substantial cost reductions resulting from economic or technological developments, or where needed to meet the Union’s decarbonisation targets for 2040 or 2050, or its international commitments for decarbonisation; (d) whether Member States are to continue to achieve new annual savings in accordance with Article 8(1), first subparagraph, point (b)(iv), for a ten-year periods after 2030; (e) whether Member States are to continue to ensure that at least 3 % of the total floor area of heated and/or cooled buildings that are owned by public bodies is renovated each year in accordance with Article 6(1) with a view to revising the renovation rate in that Article; (f) whether Member States are to continue to achieve a share of energy savings among people affected by energy poverty, vulnerable customers and, where applicable, people living in social housing, pursuant to Article 8(3) for the ten-year periods after 2030; (g) whether Member States are to continue to achieve a reduction of final energy consumption in accordance with Article 5(1); (h) the impacts of this Directive on supporting economic growth, increasing industrial output, the deployment of renewables or advanced efforts to climate neutrality. The evaluation shall also cover the effects on efforts to electrify the economy and the introduction of hydrogen, including whether any change to the treatment of clean renewable energy sources might be justified, and shall propose, where appropriate, solutions to any potentially identified adverse effect. That report shall be accompanied by a detailed assessment of whether there is a need to amend this Directive in the interests of regulatory simplification and, where appropriate, by proposals for further measures. 8. By 31 October 2032, the Commission shall assess whether the Union has achieved its 2030 headline targets on energy efficiency.
Transposition
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Articles 1, 2 and 3, Article 4(1) to (4), Article 4(5), first, second, fourth, fifth and sixth subparagraphs, Article 4(6) and (7), Articles 5 to 11, Article 12(2) to (5), Articles 21 to 25, Article 26(1), (2) and (4) to (14), Article 27, Article 28(1) to (5), Articles 29 to 32 and Annexes I, III to VII, X, XI and XV by 11 October 2025. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 4(5), third subparagraph, Article 12(1), Article 26(3) and Article 28(6) by the dates referred to therein. They shall immediately communicate the text of those measures to the Commission. When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. They shall also include a statement that references in existing laws, regulations and administrative provisions to the Directive repealed by this Directive shall be construed as references to this Directive. Member States shall determine how such reference is to be made and how that statement is to be formulated. 2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Amendment to Regulation (EU) 2023/955
In Article 2 of Regulation (EU) 2023/955, point (1) is replaced by the following: ‘(1) “energy poverty” means energy poverty as defined in Article 2, point (52), of Directive (EU) 2023/1791 of the European Parliament and of the Council ( *1 ) .
Repeal
Directive 2012/27/EU, as amended by the acts listed in Part A of Annex XVI is repealed with effect from 12 October 2025, without prejudice to the obligations of the Member States relating to the time-limits for the transposition into national law of the Directives set out in Part B of Annex XVI. References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex XVII.
Entry into force and application
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union . Articles 13, 14, 15, 16, 17, 18, 19 and 20 and Annexes II, VIII, IX, XII, XIII and XIV shall apply from 12 October 2025. Article 37 shall apply from 30 June 2024.
Addressees
This Directive is addressed to the Member States.
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Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.