This blog series is aimed at providing a summary of key elements of the recast Energy Efficiency Directive (EU) 2023/1791, which was adopted by the European Parliament and the Council earlier this year, and was published in the EU Official Journal on 20th September and came into force 20 on the 10th October 2023. After it enters into force, EU Member States will have two years to transpose most of the different elements in the directive into national law.
This second blog sets out to tackle the key points of Articles 5, 6 and 7.
Article 5: Public Sector Leading on Energy Efficiency
- Member States must ensure that public bodies collectively reduce their total final energy consumption by at least 1.9% annually compared to 2021. They can exclude public transport or the armed forces from this obligation.
- Until October 11, 2027, the target is indicative, and estimated consumption data can be used. The baseline is to be adjusted based on actual consumption by that date.
- Smaller local administrative units may be exempt from this obligation until December 31, 2026, or 2029, depending on their population.
- Member States can consider climatic variations when calculating energy consumption by public bodies.
- Member States must include energy consumption reduction targets in their national energy and climate plans and report annually on the reductions achieved.
- Regional and local authorities should establish energy efficiency measures in their long-term planning, considering vulnerable groups and taking actions to mitigate negative impacts on them.
- Member States should support public bodies through financial and technical assistance, competence building, and encouraging cooperation.
- Public bodies are encouraged to consider life cycle carbon emissions, economic and social benefits, and improve the energy performance of their buildings.
Article 6: Exemplary Role of Public Bodies’ Buildings
- Member States must ensure that at least 3% of the total floor area of public buildings is renovated annually to be nearly zero-energy or zero-emission buildings.
- Exceptions apply for certain categories of buildings, and the surplus from one year can be counted towards future renovation rates.
- Member States must establish and update an inventory of public buildings with a floor area over 250 m2.
- An alternative approach may be used to achieve equivalent energy savings.
Article 7: Public Procurement
- Member States must ensure that public contracts and concessions above specified thresholds are awarded to products, services, buildings, and works with high energy efficiency performance, following Annex IV requirements.
- There are exceptions for public security, public health emergencies, and contracts related to the armed forces.
- Long-term energy performance contracts should be considered in service contracts with significant energy content.
- When purchasing product packages, energy efficiency can take priority over individual product efficiency.
- Wider sustainability, social, environmental, and circular economy aspects should be considered in procurement practices. Transparency in energy efficiency impact reporting is required.
- The Commission may provide guidance to support Member States in applying energy efficiency requirements in procurement.
- Legal and regulatory provisions should ensure that public contracting authorities are not deterred from making energy efficiency investments.
- Regulatory and non-regulatory barriers to energy efficiency should be removed. Member States must report on measures taken to address these barriers.
National legislation to transpose the above Articles must be implemented by 11 October 2025 in all Member States.
