EPBD Revision (Energy Building Performance Directive) Access to Justice amendment FAQs

Abstract

This briefing note relates to the proposed revision of the Energy Performance of Buildings Directive 2010/31/EU. The EU Commission’s proposal seeks to strengthen emissions reduction of the buildings sector as part of the Fit for 55 work package and the RenoWave Strategy, which implement the commitments in the European Green Deal. The objective is to achieve a zero-emission and fully decarbonised building stock by 2050, introducing EU–wide minimum energy performance standards for buildings and Energy Performance Certificates among other measures. This is a crucial climate mitigation measure as buildings account for 40% of EU energy consumption and 36% of GHG emissions, but has taken on further significance in light of the war in Ukraine and the Winter Energy Crisis. A proposal was put forward for inclusion of access to justice rights in the revised Directive, designed to implement Aarhus Convention rights. This is in line with the stated policy of the EU Commission of doing just that, as well as the explicit requirement of the Aarhus Convention to introduce legislative provision for the Convention’s rights. This note highlights that Aarhus rights clearly do belong in a directive grounded in the Energy Title, and goes on to answer questions on the implications of an access to justice amendment. The text of the proposed amendment is appended