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Brussels asks Spain to fully comply with the Buildings Directive
We are once again featured in the package of offenses launched by the European Union every month on non-compliance with the European regulation and directive in buildings, but this time it is more like an "ultimatum" than a warning that we professionals in the sector are used to.
The Commission requests Spain to fully comply with the Buildings Directive by sending a reasoned opinion designated with the infringement number 20152124. The European Commission has asked Spain that fully complies with all the requirements on the Energetic efficiency of the buildings (Directive 2010/31 / EU).
Under this Directive, Member States must establish and apply minimum energy efficiency requirements for new and existing buildings, ensure the energy performance certification of buildings, and require regular inspection of heating and air conditioning systems. Furthermore, Member States are required to ensure that all new buildings are designated with"Building with almost zero energy consumption" from 2022 onwards (2022 - for public buildings).
Actually, to understand what is happening we should read the attached articles chronologically:
- Public administration and the acquisition of energy buildings
- Spain and 23 States do not comply with the EU energy efficiency law
In simple terms, we can see the following image that represents, in part, the set of infractions that we have accumulated:
It's funny that from 09/24/2015 to 02/25/2016 we have the same … "Incorrect transposition of some provisions of Directive 2010/31 / EU on the energy performance of buildings". As can be seen, it is not that we can be proud of the different infractions that Spain has in the energy sector. We can consult in its entirety from HERE.
A detailed examination from the EU in the national legislation and its transposition of the Directive revealed some deficiencies in terms of the definition in the Building standards "Near zero energy building" and their application over time. Let us remember that the new Royal Decree 56/2016 on the application and standards in audits only establishes the definition of Building with almost zero energy consumption:
"Within the scope of Directive 2010/31 / EU of the European Parliament and of the Council, of May 19, 2010, on the energy efficiency of buildings, a building with almost zero energy consumption is defined as a building with a Very high energy efficiency level, to be determined in accordance with Annex I of the aforementioned Directive. The almost zero or very low amount of energy required should be covered, to a very large extent, by energy from renewable sources, including energy from renewable sources produced 'on site' or in the environment. '
The Commission it further found that the exceptions to the requirements of the Directive introduced by national law went beyond what was provided for by the Directive. Spain has two months to notify the European Commission of the measures adopted To remedy this situation, after the Commission may decide to refer the case to the Court of Justice of the EU. (Questions about infractions and procedures from HERE)
Access to the informative note from HERE.
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