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Does the facultative provision regarding the categories of buildings listed in Article 4, paragraph 3, also apply to the ...

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The categories of buildings listed in Article 4, paragraph 3, for which Member States may decide not to set or apply minimum energy performance requirements, do only relate to Article 4, paragraph 1, and not to the inspection of boilers (Article 8) and air conditioning systems (Article 9).

The cases in which inspection of boilers and air conditioning systems could not be required are listed below:

In Member States that choose option (a) of Article 8 (regular inspection of boilers and one-off inspection of heating installation with boilers older than 15 years), buildings that use energy to condition the indoor climate could be exempted from the requirements of Article 8 if they use no boiler of an effective rated output of more than 20 kW fired with non renewable.

Member States that choose option (b) of Article 8 (provision of advice to the users) could decide that some boilers or buildings are not covered by the measures that they implement, provided that they show to the Commission that the overall impact oftheir approach is broadly equivalent to that arising from the provisions set out in option (a).

Buildings in which energy is used to condition the indoor climate cannot be exempted from the requirements of Article 9 (inspection of air conditioning systems) except if they do not use an air conditioning system of an effective rated output of more than 12 kW.

Author:  Francois DURIER (CETIAT)
Date:   16/12/08