A comparative analysis of implementation of the Energy Performance of Buildings Directive in the Mediterranean

• Author: Alan Abela
• Position: Nottingham Trent University, Nottingham, UK

1 Introduction

The European Energy Performance of Buildings Directive (EPBD) 2002/91/EC introduced various obligatory requirements intended to achieve a reduction in the use of energy resources in buildings and, consequently, the reduction of the environmental impact of energy use in buildings. Article 7 of the directive formally specified the current European requirement for the energy certification of buildings. In order to implement this requirement, a general framework for establishing a methodology of calculation of the total energy performance of buildings became necessary. A total of 30 European (EN) standards and 24 international (EN ISO) standards were drafted in order to define the necessary procedures to be introduced following the ratification of the EPBD. The European Committee for Standardisation (CEN) standards to support the EPBD were successively published in the years 2007 and 2008. Their role was to provide a common European concept and common methods for energy performance certification ( Van Dijk, 2009 ). In 2010, a recast of the EPBD 2010/31/EC was adopted by the European Parliament and the Council of the European Union in order to strengthen the energy performance requirements and to clarify and streamline some of the provisions from the 2002 Directive.

From the outset a number of EU member states found difficulty in the transposition of the EPBD and some are still struggling with practical implementation issues ( Dascalaki et al., 2012 ). The transition from the methodologies presented in the standards to the calculation procedures developed by the member states has resulted in large differences in the final energy performance of buildings calculation procedures across countries ( Van Dijk, 2010 ).

Apart from the technical and legislative difficulties in the transposition and implementation of the EPBD, compliance and control are essential for the successful operation of the directive. Three factors have been identified which impact on the effectiveness of a successful compliance and control strategy ( Poel and van den Brink, 2009 ), namely:

The existing legal and regulatory system in the member state. In states where the legal responsibility is delegated to regions, the federal legal structure should facilitate implementation for the regions. In such states centralised implementation is unlikely and diversity in compliance and control instruments can occur.

Cultural aspects related to the interaction between the citizen and the state. In some countries strict enforcement is the common approach, while in other countries control schemes may be based on self-regulation.

The political and economic policy of the government. The current national objectives might not necessarily coincide with the objectives of the EPBD.

A study of building legislation carried out by the International Energy Agency ( Laustsen, 2008 ) identified substantial differences in how prescriptive requirements are implemented in the Northern and Southern parts of Europe. In the north of Europe the requirements are quite strict, while in the south these requirements are more varied, and generally less demanding than for similar climates in, for example, the USA.

Technical requirements for the reduction of energy consumption in the Mediterranean region are generally acknowledged to be more complex due to the existence of an air-conditioning load as well as a heating load ( Asdrubali et al., 2008 ). Most of the energy certification methodologies proposed and implemented in other central and Northern European states are only suited for the winter season. Researchers have found that even the simplified methods described within the EN ISO 13790 (2008) Standard seem to produce results that are in better agreement when they are used for heating energy use calculations rather than cooling energy use calculations ( Kokogiannakis et al., 2007 ). Southern European countries have reported that they have no form of labelling or market infrastructure for low energy buildings or passive houses ( Mlecnik et al., 2010 ).

This research examines the implementation of the directive in four Mediterranean states, Italy, Malta, Cyprus, and Spain. Malta and Cyprus are the two southernmost EU states and Cyprus is also located in the east Mediterranean. Spain and Italy were selected as their Southern regions also form part of the southernmost borders of the EU, and Spain is located in the west Mediterranean. Malta and Cyprus are two of the smallest EU states whilst Italy and Spain are the fourth and fifth largest EU states by population. The four states were selected to be representative of the Southern borders of the EU. Although a general overview is taken, the focus of this work is on the state of implementation of the section of the directive relating to the energy certification of residential property. The rationale for focussing on residential property is that energy consumption in the residential sector shows the greatest variance between north and south Europe, whereas the performance and typology of buildings in the commercial sector is considerably more uniform across the building stock ( Perez-Lombard et al., 2010 ). The residential sector is also the largest component of the building stock, with residential floor space accounting for 75 percent of Europe's buildings ( BPIE, 2011 ).

The primary purpose of this research is to identify the salient features of the state of implementation of the EPBD in the four selected states. However, the paper also explores the potential impact of difficulties in implementation on the acceptance of energy performance certificates (EPCs) in the residential sector. These more general issues are of particular relevance to energy certification in a Mediterranean climate.

The analysis is based on a review of national legislation in the four states. Reference is also made to publications by the Concerted Action EPBD and to related publications by the national bodies responsible for the implementation of the EPBD. These include the Ministry for Economic Development in Italy, the Ministry of Commerce, Industry and Tourism in Cyprus, the Ministry for Resources and Rural Affairs (MRRA) in Malta, and the Ministries of Industry Tourism and Commerce and of Housing in Spain. Where available, the published opinion of national professional associations has also been consulted.

This paper analyses and compares the implementation of the directive using the above-mentioned sources. In so doing, it focuses on general principles rather than on the specific technical requirements for the calculation method in the various states. The paper then considers the implementation of these general principles within each state before finally drawing conclusions about whether legislation relating to the original Directive 2002/91/EC is meeting its objectives and the implications relating to the requirements of the recast Directive 2010/31/EC.

2 The directives

The original EPBD 2002/91/EC specified four key requirements, namely:

the general framework for a methodology of calculation of the integrated energy performance of buildings;

the application of minimum requirements on the energy performance of new buildings and large existing buildings that are subject to major renovation;

energy certification of buildings; and

regular inspection of boilers and of air-conditioning systems in buildings.

The EPBD concerned both the residential and the tertiary sector (commercial buildings, public buildings, etc.). The intention was to cover all aspects of energy efficiency in building for an integrated approach, taking account of aspects such as the building envelope, heating and cooling installations, lighting installations, and the position and orientation of the building. EPCs became mandatory whenever buildings were constructed, sold or rented out.

The main effects on the residential sector were the application of the minimum requirements to new construction in this sector, and the requirement for energy certificates on the sale or renting out of property. The requirement for certificates with energy classes brought about the widespread introduction of energy labelling to the residential property market. The impact and/or effectiveness of the requirement for regular inspection of boilers and air-conditioning system is less clearly understood and not particularly well documented.

A key driver for implementing energy efficiency measures are building standards, through which energy-related requirements are incorporated during the design or retrofit phase of a building. Whilst a few individual Member States already had some form of minimum requirements for thermal performance of building envelopes, the EPBD was the first major attempt requiring all Member States to introduce a general framework for setting building energy requirements based on a “whole building” approach.

The recast EPBD 2010/31/EC introduced more stringent requirements for the energy performance of buildings with a new emphasis on the cost optimisation of energy-related regulations. The minimum requirements introduced in the original Directive now have to be shown to be cost optimal. There is a requirement that all new buildings must be “nearly zero-energy” by 2020. According to the directive, a “nearly zero-energy” building should have a very high-energy performance and the very low amount of energy required should be covered “to a very...