BAKGRUNN (fra kommisjonsrekommandasjonen)

(1) Directive 2012/27/EU of the European Parliament and of the Council (1) introduced a requirement to achieve the headline target of at least 32,5 % energy savings at the Union level by 2030.

(2) In its 2013 Guidance notes ‘Article 5: Exemplary role of public bodies’ buildings’ and ‘Article 6: Purchasing by public bodies’, the Commission provided guidance to the Member States for transposing and implementing the main provisions of Directive 2012/27/EU on the public sector, supporting them in putting in place the adequate measures, tools and methodologies in order to be able to fully tap into their energy savings potential and achieve the energy efficiency headline target.

(3) Directive (EU) 2023/1791 of the European Parliament and of the Council (2) was adopted on 13 September 2023. It recast Directive 2012/27/EU, keeping some of its provisions unchanged while, at the same time, introducing some new requirements. In particular, it significantly raised the level of ambition for 2030 in terms of energy efficiency, including as regards the public sector.

(4) Chapter II of Directive (EU) 2023/1791 on exemplary role of public sector recognises the leading role of the public sector in energy efficiency. Its Article 5 sets out new obligations to reduce the energy consumption in the public sector. Its Article 6 significantly broadens the scope of the obligation to renovate public buildings. Article 7 on public procurement adapts existing and sets out further obligations for energy efficient public procurement.

(5) Member States are to bring into force the laws, regulations and administrative provisions transposing Articles 5, 6, 7 of Directive (EU) 2023/1791 and Annex IV thereto by 11 October 2025.

(6) Member States can choose at their discretion the way of transposing and implementing the requirements regarding the exemplary role of the public sector that is best suited to their national circumstances. In this context, it would be recommended to interpret the relevant provisions of Directive (EU) 2023/1791 in a consistent way which would contribute to a coherent understanding of Directive (EU) 2023/1791 across Member States as they prepare their transposition measures.