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Directive of the European Parliament on Energy Efficiency: United

B. Directive of the European Parliament on Energy Efficiency: United Kingdom Imple-mentation

Directive 2012/27/EU: Article (3) European 2020 strategy implemented at a national lev-el a strategy for smart sustainable growth via national reforms programs MS are required to set national targets and in close dialogue with the commission, indicate how they will achieve these targets.

On February 7 2011, the European council determined that the sustainability targets for 2020 were not on track and thus concluded that more effective action be taken on the part of member states to ensure higher energy savings . The areas in which the council sought to see increased 36 energy savings included buildings, transport, products and processes . 37

Implementations of energy targets by member states were then reviewed in 2013. States would be following the instruction of the 2011 Energy Efficiency plan which, emphasized the importance of the role of the public sector in energy efficient buildings and appliances. The total volume of public spending 19% of the EU’s GDP, hence the need for the public sector to be a catalyst for market transformation towards more energy efficient products, buildings, and ser-vices. the 2011 Energy efficiency plan pointed out that 40% of the EU’s energy consumption came from buildings. With this in mind, the 2012 directive stated that Member States should es-tablish a long term strategy for investments in the renovation of commercial and residential

Directive 2012/27/EU, Having regard to the opinion of the committee of the regions (2). The Conclusions of the

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European Council of 4 February 2011 acknowledged that the Union energy efficiency target is not on track and that determined action is required to tap the considerable potential for higher energy savings in buildings, transport, products and processes. Those conclusions also provide that the implementation of the Union energy efficiency tar-get will be reviewed by 2013 and further measures considered if necessary.

Directive 2012/27/EU Article (7)

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buildings. It is because of these requirements within the 2012 directive that constitute the dri-ving force behind the London refit program.

The Kyoto protocol demands that ratified members reduce GHG’s by 80-90% by 2050 compared to 1990. Therefore in the 2012 directive, the European Council recognized that renovating and 38 construction of nearly zero buildings are crucial to meeting the 2050 targets outlined in the pro-tocol.

In regards to policy sharing initiatives, the directive explicitly encourages that municipalities par-take in policy sharing initiatives and makes reference to the covenant of mayors are an example of a policy sharing outlet . According to the 2013 report from the commission to the European 39 Parliament and Council on the progress of member states towards nearly zero buildings, the UK was included among 15 of the 27 Member States to have set intermediary goals. In fact, the UK went beyond the nZEB requirements in it’s reported objectives stating plans for zero carbon standards.

The encouragement of energy management systems to be the driving force behind energy saving plans is another way in which, the directive recommends public bodies to manage their energy consumption. There is no explicit requirement for Member States to purchase specific energy saving products in new and renovated buildings but rather, entrusts the administrative depart-ments within each Member State to make responsible purchasing decisions when it comes to en-ergy saving appliances and technologies . 40

When making reference to said administrative departments, the directive is talking about those departments whose jurisdiction extends over the entire member state. However, it goes on to say that in State’s that have no such administrative body, then it shall apply to a group of

Kyoto Protocol to the United Nations Framework Convention on Climate Change, Kyoto, 10 December 1997, in

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force 16 February 2005, 37 International Legal Materials (1998) 22. (Kyoto Protocol)

DIRECTIVE 2012/27/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 October 2012

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on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC. Article(18). OJ L 315/1, 14.11.2012

Directive 2012/27/EU: OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 October 2012 on

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energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC. Article (19). OJ L 315/1, 14.11.2012

ministrative departments whose competence collectively covers the territory of a Member State.

This is significant to the UK since it is made up of England, Wales, Scotland, and Northern Ire-land. In the 2013 Commission reports on the UK National targets, each of the four countries have set their own targets but were collectively required by the directive to meet the national en-ergy savings target of 9% by 2016. As a whole, RES in UK public buildings were required to in-crease from .03% in 2010 to .16% in 2020. In regards to the forms of shared-RES technologies for heat to be installed in UK buildings by 2020, geothermal energy in not even accounted for at 0.00% while solar is barely targeted at 0.5%. Instead, the UK 2013 commission report has bio-mass and heat pumps making up the bulk of renewable heating sources with biobio-mass at 63.1%

and heat pumps at 36.3% . 41

As mentioned previously, the UK made a proposal for zero carbon buildings for new public and residential buildings however, no real numerical definition of a nearly zero energy performance standard was made. The UK commission report outlined the combination of eco-nomic incentives and financing instruments for nZEB, that slightly varied for each country with-in the UK. In regards to retrofits for public buildwith-ings with-in England and Wales, the green deal was 42 described as the “flagship policy” for promoting such renovations. In Northern Ireland, the Pub-lic Sector Building Demonstration Program was the financial instrument created to target gov-ernment buildings within the territory. In addition to this, the UK department of environment, 43 proclaimed the giving of an annual prize for development of sustainable public buildings as a means of meeting the demonstration requirement outlined in the 2012 directive. Finally in re-gards to the education and training of Member State citizens in the 2012 directive, the UK Commission report committed to the development and maintenance of education and training by

Steel, William. UK Seeks Compromise on Biomass Head and Power Tariffs. Renewable Energy World, No

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-vember, 4, 2016.

Hans Erhorn - Heike, Erhorn - Kluttig,Fraunhofer. Towards 2020 Nearly Zero Energy Buildings: Overview and

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Outcomes. Energy Performance of Buildings Concerted Action (August 2015) p. 8.

UK Green Building Council. Response to the consultation on changes to Part L of the building regulations – con

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-sequential improvements for existing buildings (2013). p. 1

sector skills councils, universities and colleges, as well as independent experts who must be members of a special accreditation team approved by the government. 44

Compliance with the 2010 and 2012 EU directives is no doubt the main reason why the EU as a whole is ranked number three in suitability (behind Germany #1 and Italy #2) . While 45 the U.S sustainability efforts for buildings continues to improve with each passing year, the lack of an equivalent legal obligation to comply with sustainable building requirements at the federal level, has left it lagging behind. However, looking at the Member state requirements for nZEB in the 2012 directive, the U.S. could benefit from adopting similar legal instruments perhaps at the national level, state level, or at the very least the local level.

C. Cost Optimal Levels of Energy Performance Requirements: EcoDesign Directive,