If the member state does not comply with its legal obligation within two months, the Commission may decide to refer to the Court of Justice. Czech Republic is in the same situation.
The European Commission (EC) has formally requested the Romania and Czech Republic to ensure full compliance with their obligations under EU legislation on energy efficiency in buildings (Directive 2010/31/EU), a press release informs. The Commission sent a reasoned opinion to the two Member States asking them to notify the Commission of all their transposition measures for the directive, which had to be transposed into national law by 9 July 2012.
“If the Member States do not comply with their legal obligation within two months, the Commission may decide to refer them to the Court of Justice. Under this directive Member States must establish and apply minimum energy performance requirements for buildings; ensure that the building’s energy performance is certified and carry out regular inspections of heating and air conditioning systems. In addition, the directive requires Member States to ensure that from 2021 onwards all new buildings will be so-called nearly zero-energy buildings”, EC said.
According to Horatiu Radu, government agent to the EU Court of Justice, the EC infringement decision does not have a high degree of risk and the implementation of Directive is only a matter of time, Mediafax informs
In September 2012 the Commission started infringement procedures against 24 Member States (all except Denmark, Ireland and Sweden) that had not notified the Commission of national measures transposing the directive into national law. Reasoned opinions were already sent to Italy, Greece, Portugal and Bulgaria in January 2013, to Spain and Slovenia in April 2013, to Belgium, Germany, Finland, France, Latvia, Poland and the Netherlands in June 2013 and to Austria, Cyprus, Estonia, Lithuania, Luxembourg, Hungary and the United Kingdom in September 2013.
According to the Official Journal of the EU, buildings have an impact on long-term energy consumption. Given the long renovation cycle for existing buildings, new, and existing buildings that are subject to major renovation, should therefore meet minimum energy performance requirements adapted to the local climate. As the application of alternative energy supply systems is not generally explored to its full potential, alternative energy supply systems should be considered for new buildings, regardless of their size, pursuant to the principle of first ensuring that energy needs for heating and cooling are reduced to cost- optimal levels.
To Court over failure to respect rules
In its monthly package of infringement decisions, EC is pursuing legal action against Member States for failing to comply properly with their obligations under EU law. These decisions covering many sectors aim to ensure proper application of EU law for the benefit of citizens and businesses.
EC is taking Bulgaria to Court over its failure to protect unique habitats and important species. The case concerns the Kaliakra region, a migratory route and resting place for highly endangered species, where large numbers of wind turbines and other developments have been authorised without adequate assessment of their environmental effects. EC has yesterday also decided to refer Poland to the EU Court of Justice for incorrect implementation of the provisions of Directive 2004/18/EC on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts. The Commission believes that the provisions of the Polish Public Procurement Act may substantially hinder access to procurement markets.
The Commission is taking Germany to Court too over a loophole in its legislation on access to justice in environmental matters. Under EU legislation, Member States must ensure a legal review procedure for decisions taken in the context of the Environmental Impact Assessment Directive and the Industrial Emissions Directive. The Commission is concerned with apparent gaps in German legislation in this area, which may be restricting citizens’ access to justice.