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) In its Staff Working Document SWD(2013)0449 of 6 November 2013 (2), the Commission provided guidance to the Member States for transposing and implementing Article 14 of Directive 2012/27/EU on promotion of efficiency in heating and cooling. The Commission clarified the provisions on comprehensive assessment of the potential for the application of high efficiency cogeneration and efficient district heating and cooling, the installation-level cost-benefit analysis and authorisation and equivalent permit procedures for installations subject to cost-benefit analyses. Annex VIII to Directive 2012/27/EU on assessing the potential for efficiency in heating and cooling was replaced by Commission Delegated Regulation (EU) 2019/826 (3). The new requirements were further explained in Commission Recommendation (EU) 2019/1659 (4).

(3) Directive (EU) 2023/1791 of the European Parliament and of the Council (5) was adopted on 13 September 2023. It recasts 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 on the energy efficiency in heating and cooling supply.

(4) High-efficiency cogeneration and efficient district heating and cooling can provide significant primary energy savings in the Union and benefits for the climate. Therefore, Directive (EU) 2023/1791 increased the requirements for the high-efficiency cogeneration and efficient district heating and cooling. Through additional planning requirements, operators of the district heating and cooling systems having a total output exceeding 5 MW are required to have a plan to convert their systems into efficient district heating and cooling systems.

(5) Wider energy system integration is another extensively untapped source of energy savings. The cost-benefit analysis of heat and cold supply originating from waste heat or cold released by large fuel and electricity users helps to identify new solutions to cover heat or cold demand locally or in district heating or cooling networks. Wider use of the waste heat in district heating and cooling networks helps to meet the requirements of Directive (EU) 2023/1791 regarding district heating systems.

(6) Several provisions of Directive (EU) 2023/1791 on heating and cooling supply are of a technical nature, in particular the meaning of technical parameters. Their content deserves additional clarification about their interpretation. In order to ensure a more harmonised approach in the Member States, the technical aspects of implementing Article 26 should be pointed out together with possible solutions.

(7) In its Decision 2008/952/EC (6), the Commission established detailed guidelines for the implementation and application of Annex II to Directive 2004/8/EC of the European Parliament and of the Council (7), including an explanation of a calculation of the electricity from cogeneration. Since Directive 2004/8/EC is no longer in force, its Annex II has become Annex II to Directive (EU) 2023/1791, however the guidance document pursuant to Decision 2008/952/EC is still valid.

(8) Member States are to bring into force the laws, regulations and administrative provisions transposing Article 26 of Directive (EU) 2023/1791 by 11 October 2025, except its paragraph 3 which has an earlier transposition deadline.

(9) Member States can choose at their discretion the way of transposing and implementing the requirements regarding the efficiency in heating and cooling supply, 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.

(10) Moreover, this Recommendation should provide guidance on the interpretation of those provisions of Directive (EU) 2023/1791 that have been amended in comparison with Directive 2012/27/EU. It should therefore be read alongside the detailed guidelines established by Decision 2008/952/EC, Staff Working Document SWD(2013)0449 and complement them,