Emtract Ingest

Energy Efficiency Directive In force Unlisted

Overview

Jurisdiction
European Union
Topic
-
Instrument type
Directive
Reference number
2023/1791
Valid from
2023-10-10
Valid to
2025-10-12
Modified date
2023-09-20
Listed at
Unlisted draft
Withdrawn at
-
Description
EU framework for energy efficiency covering, among other things, energy savings, energy audits and energy management systems, public procurement, buildings, data centres, metering, and heating and cooling supply.

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Sources

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Rule sets

Label Effective
Very high-energy-consumption companies 2023-10-10 — 9999-12-31
Applies from milestone:
Entry into Force (2023-10-10)
Expires at milestone:
-
Conditions:
  • Activities contains No Linked Attribute Value “enterprise”
Companies subject to energy-audit requirements 2023-10-10 — 9999-12-31
Applies from milestone:
Entry into Force (2023-10-10)
Expires at milestone:
-
Conditions:
  • Activities contains No Linked Attribute Value “enterprise”
Data centres with IT power of at least 500 kW 2024-05-15 — 9999-12-31
Conditions:
  • Activities contains No Linked Attribute Value “data centre owner” “data centre operator”
Data centres with high total energy input 2023-10-10 — 9999-12-31
Applies from milestone:
Entry into Force (2023-10-10)
Expires at milestone:
-
Conditions:
  • Activities contains No Linked Attribute Value “data centre operator”
Non-efficient district heating and cooling systems 2025-01-01 — 9999-12-31
Conditions:
  • Activities contains No Linked Attribute Value “district heating operator” “district cooling operator”

Questions this regulation asks

Attributes only this regulation asks about — criteria no general attribute expresses. A company answers each once.

This regulation asks no questions of its own — every condition uses a general attribute.

Obligations

Title Kind Rule set
Certified energy management system Governance -
Description:
Companies with average annual energy consumption above 85 TJ over the previous three years must implement a certified energy management system and have it in place by 11 October 2027 at the latest.
Frequency:
Continuous
Check frequency:
Continuous
Products/Services:
The company's energy-consuming activities and installations
Checking responsibility:
Independent certification body and competent national authorities
Check method:
Certification of the energy management system by an independent body in accordance with relevant European or international standards.
Rule set:
-
Source reference:
Article 11(1)
Source excerpt:
Member States shall ensure that enterprises with an average annual consumption higher than 85 TJ of energy over the previous three years, taking all energy carriers together, implement an energy management system. The energy management system shall be certified by an independent body, in accordance with the relevant European or international standards.
Periodic energy audit Due Diligence -
Description:
Companies with average annual energy consumption above 10 TJ over the previous three years that do not implement an energy management system must carry out a first energy audit by 11 October 2026 and subsequent audits at least every four years.
Frequency:
Other
Check frequency:
Biennial
Products/Services:
The company's energy-consuming activities and installations
Checking responsibility:
Qualified or accredited experts and competent authorities
Check method:
Independent energy audit by qualified or accredited experts, or implementation and supervision by independent authorities.
Rule set:
-
Source reference:
Article 11(2)
Source excerpt:
Member States shall ensure that the enterprises referred to in the first subparagraph carry out a first energy audit by 11 October 2026 and that subsequent energy audits are carried out at least every four years.
Action plan and implementation disclosure Reporting -
Description:
Affected companies must prepare a concrete and feasible action plan based on the energy-audit recommendations, submit it to management, and publish the action plan and implementation rate in the annual report.
Frequency:
Annual
Check frequency:
One-time
Products/Services:
Recommendations arising from the energy audit
Checking responsibility:
Company management and competent authorities
Check method:
Verification of the preparation, submission, publication and implementation rate of the action plan.
Rule set:
-
Source reference:
Article 11(2)
Source excerpt:
The enterprises concerned shall draw up a concrete and feasible Action Plan on the basis of the recommendations arising from those energy audits. The Action Plan shall identify measures to implement each audit recommendation, where it is technically or economically feasible. The Action Plan shall be submitted to the management of the enterprise. Member States shall ensure that the Action Plans and the recommendation implementation rate are published in the enterprise’s annual report
Annual data-centre reporting Reporting -
Description:
Owners and operators of qualifying data centres must make information on energy performance, water use, waste-heat utilisation and renewable energy publicly available annually.
Frequency:
Annual
Check frequency:
Annual
Products/Services:
Data centres with installed IT power demand of at least 500 kW
Checking responsibility:
Competent authorities of the Member States
Check method:
Public disclosure of the information required by Annex VII, subject to protection of trade secrets and confidentiality.
Rule set:
-
Source reference:
Article 12(1)
Source excerpt:
By 15 May 2024 and every year thereafter, Member States shall require owners and operators of data centres in their territory with a power demand of the installed information technology (IT) of at least 500kW, to make the information set out in Annex VII publicly available
Data-centre waste-heat utilisation Other -
Description:
Operators of qualifying data centres must utilise waste heat or other waste-heat recovery applications unless they can demonstrate that this is not technically or economically feasible.
Frequency:
Continuous
Check frequency:
Event-triggered
Products/Services:
Data centres with total rated energy input exceeding 1 MW
Checking responsibility:
Competent authorities in cooperation with the company responsible for operating the facility
Check method:
Cost-benefit analysis of the technical and economic feasibility of waste-heat utilisation.
Rule set:
-
Source reference:
Article 26(6)
Source excerpt:
Member States shall ensure that data centres with a total rated energy input exceeding 1 MW utilise the waste heat or other waste heat recovery applications unless they can show that it is not technically or economically feasible
District heating and cooling efficiency plan Governance -
Description:
Operators of existing district heating and cooling systems that do not meet the applicable efficiency criteria must, from 1 January 2025 and every five years thereafter, prepare and obtain approval for a plan to improve primary-energy efficiency, reduce distribution losses and increase renewable energy.
Frequency:
Biennial
Check frequency:
Other
Products/Services:
Existing district heating and cooling systems with total heat and cold output exceeding 5 MW
Checking responsibility:
System operator and competent authority
Check method:
Preparation and approval of a plan by the competent authority.
Rule set:
-
Source reference:
Article 26(5)
Source excerpt:
Member States shall ensure that as from 1 January 2025, and every five years thereafter, operators of all existing district heating and cooling systems with a total heat and cold output exceeding 5 MW and which do not meet the criteria set out in paragraph 1, points (b) to (e), prepare a plan to ensure more efficient consumption of primary energy, to reduce distribution losses and to increase the share of renewable energy in heating and cooling supply. The plan shall include measures to meet the criteria set out in paragraph 1, points (b) to (e), and shall require approval by the competent authority.
Participation in cost-benefit analyses Due Diligence -
Description:
Companies responsible for operating covered installations must cooperate in the cost-benefit analysis for high-efficiency cogeneration or waste-heat utilisation and provide the required data.
Frequency:
Event-triggered
Check frequency:
Event-triggered
Products/Services:
Newly planned or substantially refurbished thermal electricity-generation, industrial, service and data-centre installations exceeding the applicable energy-input thresholds
Checking responsibility:
Company responsible for operating the facility and competent authority
Check method:
Installation-level cost-benefit analysis under Annex XI in cooperation with the company responsible for operating the facility.
Rule set:
-
Source reference:
Article 26(7)
Source excerpt:
Member States shall require the cost-benefit analysis to be carried out in cooperation with the companies responsible for the operation of the facility.
Energy efficiency in network planning and operation Governance -
Description:
Transmission and distribution system operators must apply the energy-efficiency-first principle in network planning, development and investment decisions, monitor and quantify network losses, optimise networks where feasible, and report measures and expected savings.
Frequency:
Continuous
Check frequency:
Continuous
Products/Services:
Gas and electricity networks and grid connections for high-efficiency cogeneration producers
Checking responsibility:
Transmission system operators and distribution system operators
Check method:
Verification by national energy regulatory authorities and designated authorities.
Rule set:
-
Source reference:
Article 27(2)
Source excerpt:
Member States shall ensure that gas and electricity transmission and distribution system operators apply the energy efficiency first principle, in accordance with Article 3 of this Directive, in their network planning, network development and investment decisions.
No obstruction of energy services Other -
Description:
Energy distributors, distribution system operators and retail energy sales companies must refrain from activities that impede demand for or delivery of energy services or energy-efficiency measures, distort those markets, foreclose competitors or abuse dominant positions.
Frequency:
Continuous
Check frequency:
Continuous
Products/Services:
Energy distribution, retail energy sales and energy supply
Checking responsibility:
Energy distributors, distribution system operators and retail energy sales companies
Check method:
Monitoring by competent authorities and enforcement of consumer and energy-efficiency requirements.
Rule set:
-
Source reference:
Article 29(8)
Source excerpt:
Member States shall ensure that energy distributors, distribution system operators and retail energy sales companies refrain from any activities that may impede the demand for and delivery of energy services or energy efficiency improvement measures, or hinder the development of markets for such services or measures, including foreclosing the market for competitors or abusing dominant positions.
Supplier contract and complaint duties Governance -
Description:
Suppliers must provide fair and transparent contractual terms, disclose contract and tariff information before conclusion, notify changes in due time, offer multiple non-discriminatory payment methods, and handle complaints simply, fairly and promptly.
Frequency:
Event-triggered
Check frequency:
Event-triggered
Products/Services:
District heating, district cooling and domestic hot-water services for final customers
Checking responsibility:
Suppliers of heating, cooling and domestic hot water
Check method:
Review of contracts, bills, complaints and information by competent authorities.
Rule set:
-
Source reference:
Article 21(2)
Source excerpt:
Suppliers’ conditions shall be fair and shall be provided to final customers in advance.
Consumption-based billing and information Reporting -
Description:
Affected energy companies must provide reliable, accurate and generally consumption-based billing and consumption information, including required historical and comparison information and references to energy-efficiency advice.
Frequency:
Annual
Check frequency:
Annual
Products/Services:
Energy-consumption data, bills and consumption information for natural gas, heating, cooling and domestic hot water
Checking responsibility:
Energy distributors, distribution system operators and retail energy sales companies, where they provide the relevant information
Check method:
Review of billing and consumption information and actual meter readings.
Rule set:
-
Source reference:
Article 17(1)
Source excerpt:
Where final customers do not have smart meters for natural gas as referred to in Directive 2009/73/EC, Member States shall ensure that billing information for natural gas is reliable, accurate and based on actual consumption

Measures

No measures.

Penalties

Description Kind Rule set
Member States must establish effective, proportionate and dissuasive penalties for infringements of national provisions implementing this Directive. The specific penalties applicable to companies are determined under national law. Other -
Responsible authority:
Von den Mitgliedstaaten bestimmte zuständige Behörden
Source reference:
Article 32
Source excerpt:
Member States shall lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive.

Milestones

Date Type Description
2023-09-13 Adopted Adoption of Directive (EU) 2023/1791
Source reference:
Directive (EU) 2023/1791
Source excerpt:
of 13 September 2023
2023-10-10 Entry into Force Entry into force of the Directive
Source reference:
Article 39(1)
Source excerpt:
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
2024-06-30 Application Start Application of Article 37 amending Regulation (EU) 2023/955
Source reference:
Article 39(3)
Source excerpt:
Article 37 shall apply from 30 June 2024.
2025-10-11 Transposition Deadline Deadline for transposing the main provisions into national law
Source reference:
Article 36(1)
Source excerpt:
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Articles 1, 2 and 3, Article 4(1) to (4), Article 4(5), first, second, fourth, fifth and sixth subparagraphs, Article 4(6) and (7), Articles 5 to 11, Article 12(2) to (5), Articles 21 to 25, Article 26(1), (2) and (4) to (14), Article 27, Article 28(1) to (5), Articles 29 to 32 and Annexes I, III to VII, X, XI and XV by 11 October 2025.
2025-10-12 Application Start Application of provisions on metering, billing and consumption information
Source reference:
Article 39(2)
Source excerpt:
Articles 13, 14, 15, 16, 17, 18, 19 and 20 and Annexes II, VIII, IX, XII, XIII and XIV shall apply from 12 October 2025.
2025-10-12 Repeal Repeal of Directive 2012/27/EU
Source reference:
Article 38
Source excerpt:
Directive 2012/27/EU, as amended by the acts listed in Part A of Annex XVI is repealed with effect from 12 October 2025

Linked regulations

Type Regulation
Implements European Climate Law
Cites Industrial Emissions Directive