On 10 December 2015, the European Commission sent a reasoned opinion to Portugal, requesting the correct transposition of all the requirements of the Energy Performance of Buildings Directive (Directive 2010/31/EU) into national law.
A detailed examination of the Portugese legislation transposing the Directive revealed the following:
- Some of the Directive's requirements did not apply in the Azores region, Portugal.
- The national legislation itself contained exemptions from the energy performance requirements, which are not foreseen in this Directive.
- Portugal has decided to adopt alternative measures to regular inspection of heating and air conditioning systems, but has not provided the necessary evidence that the same amount of energy savings can be achieved with the alternative measures, as required by the Directive.
Portugal has now two months to notify the European Commission of measures taken to remedy this situation, following that the Commission may decide to refer it to the Court of Justice of the EU.
Under the EPBD, Member States must establish and apply minimum energy performance requirements for new and existing buildings, ensure the certification of buildings' energy performance, and require the regular inspection of heating and air conditioning systems. In addition, the Directive requires Member States to ensure that all new buildings are ‘nearly-zero energy’ from 2021 onwards (2019 - for public buildings).
For further information, please read the relevant factsheet: http://europa.eu/rapid/press-release_MEMO-15-6223_en.htm