OPINION


do by including them in the Energy Effi ciency Action Plans referred to in Article 14(2) of Directive 2006/32/ EC.’ Surprisingly the updated UK


National Energy Effi ciency Action Plan issued in July 20116


made


no reference to Article 10 of the recast EPBD, and no amount of searching can yet fi nd the UK’s list. Meanwhile, for Scotland, reference can be made to ‘Conserve and Save: Energy Effi ciency Action Plan (EEAP)’7


, published in October


2010, which identifi es Scottish Government policies and options on energy effi ciency. Secondly, by 9 July 2012, member


states must adopt and publish the ‘laws, regulations and administrative provisions necessary to comply with Articles 2 to 18, and with Articles 20 and 27. According to Article 21, they shall ‘consult the stakeholders involved, including local and regional authorities’. Whilst Scotland consulted last October, DCLG has yet to do so, although on 3 February last year8


Andrew Stunell assured


Green Party MP Caroline Lucas: ‘We will consult on its implementation in due course’. With the July deadline looming, there cannot be much time left for DCLG to satisfy Article 21 or do as the minister promised, or for the reality of EPBD implementation to catch up with the rhetoric. Finally, Article 27 of the recast requires that ‘penalties provided for [infringements against national provisions] must be effective, proportionate and dissuasive. Member states shall communicate


There cannot be much time left for DCLG to satisfy Article 21 or do as the minister promised, or for the reality of EPBD


implementation to catch up with the rhetoric


those provisions to the Commission by 9 January 2013 at the latest.’ We are well aware of the ‘one in, one out’ policy of this administration. But it does not give them an out when it comes to implementing EU Directives, especially not when it is a Directive that addresses a priority of coalition policy, as well as an EU Directive, at the start of ‘the biggest energy effi ciency drive this country has ever seen.’


References


1. The Communication Energy 2020 – A strategy for competitive, sustainable and secure energy calls for action on emerging challenges. Available from http://ec.europa.eu/energy/ energy2020/index_en.htm


2. Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions Energy Roadmap 2050. Available from http:// ec.europa.eu/energy/energy2020/roadmap/ index_en.htm


3. The proposed Energy Effi ciency Directive advocates measures to increase Member States’ efforts to use energy more effi ciently from generation to distribution, including a


legal obligation to establish energy saving schemes in all Member States, requirements for the public sector to lead by example and major energy savings for consumers. For more information go to: http://ec.europa. eu/energy/effi ciency/eed/eed_en.htm


4. Planning our electric future: a White Paper for secure, affordable and low-carbon electricity. For more information and the latest documents, see: www.decc.gov.uk/en/ content/cms/consultations/emr/emr.aspx


5. Full speech by Energy and Climate Secretary Edward Davey on the launch of the Energy Effi ciency Deployment Offi ce is available at www.decc.gov.uk/en/content/cms/news/ eedolaunch/eedolaunch.aspx


6. UK Report on Articles 4 and 14 of the EU End-use Effi ciency and Energy Services Directive (ESD) Update on progress against the 2007 UK National Energy Effi ciency Action Plan, July 2011, available from www.decc.gov.uk/assets/decc/.../2289-uk- report-eu-enduse-esd.pdf


7. Conserve and Save: Energy Effi ciency Action Plan (EEAP), October 2010, available from www.scotland.gov.uk/ Publications/2010/10/07142301/0


8. Hansard, 3 Feb 2011 : Column 883W, Public Sector: Carbon Emissions, available at www.publications.parliament.uk/ pa/cm201011/cmhansrd/cm110203/ text/110203w0001.htm


● HYWEL DAVIES is technical director of CIBSE www.cibse.org


What is the status of the recast EPBD?


The Energy Performance of Buildings Directive (EPBD) was repealed and replaced by the recast Directive as of 1 February 2012. References to the original Directive are now to be read as references to the recast Directive. Member States must now implement the recast as set out by Article 28.


The following is the text of Hansard’s report of a question from Caroline Lucas MP to Communities Minister Andrew Stunell, along with his answer; the latter clearly offers a consultation that has not, as yet, been published:


Hansard, 3 Feb 2011: Column 883W Public Sector: Carbon Emissions


Caroline Lucas: To ask the Secretary of State for Communities and Local Government what his policy is on the EU target for all new buildings occupied and owned by public authorities to be near-zero carbon from 31 December 2018; what assessment he has made of UK progress toward the target; and if he will make a statement. [37909]


Andrew Stunell: The recast of the energy performance of buildings directive includes a requirement that all new buildings occupied and owned by public authorities after 31 December 2018 shall be nearly zero energy buildings. The recast must be implemented by 8 July 2013 and we will consult on its implementation in due course.


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