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 Union level by 2030.

(2) 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 in relation to the energy efficiency first principle.

(3) The energy efficiency first principle is defined in Regulation (EU) 2018/1999 of the European Parliament and of the Council (3) and is at the core of the EU Strategy for Energy System Integration (4). Directive (EU) 2023/1791 strengthens the principle and, for the first time sets conditions for its practical application.

(4) To have the desired impact, the energy efficiency first principle needs to be consistently applied by national, regional, local and sectoral decision makers in all relevant scenarios and policy, planning and major investment decisions – that is to say large-scale investments with a value of more than EUR 100 000 000 each or EUR 175 000 000 for transport infrastructure projects – affecting energy consumption or supply. The principle needs thus to be applied in both the energy and non-energy sectors.

(5) Nevertheless, Member States could expand the application of the principle, for example by lowering the aforementioned thresholds or by setting lower thresholds for specific sectors and project types, if they consider that a substantial energy efficiency potential would remain untapped for those sectors and project types.

(6) The proper application of the principle requires using the right cost-benefit analysis methodology for a wider set of economic, social and environmental impacts, setting enabling conditions for energy efficient solutions and enabling the proper monitoring of the applications of the principle by identifying an entity or entities responsible for this monitoring in each Member State. Cost-benefit analysis methodologies should be systematically developed and carried out, should be based on the most up-to-date information on energy prices and should include scenarios for rising prices, such as due to the application and expansion of the Union’s emission trading system (EU ETS) pursuant to Directive 2003/87/EC of the European Parliament and of the Council (5), in order to provide an incentive to apply energy efficiency measures.

(7) Priority should be given to demand-side flexibility and solutions that are more cost-effective than investments in energy supply infrastructure in meeting policy objectives. Impacts on energy poverty should be assessed. Member States should take into account potential benefits from demand-side flexibility in applying the energy efficiency first principle and, where relevant, consider demand response at both centralised and decentralised level, energy storage, and smart solutions as part of their efforts to increase efficiency of the integrated energy system.

(8) Member States can choose at their discretion the way of transposing and implementing the requirements regarding energy services, 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.

(9) Commission Recommendation (EU) 2021/1749 (6), particularly its Annex, contains relevant guidelines and examples for the implementation of the energy efficiency first principle in decision-making in the energy sector and beyond.