As we move towards the endgame in the Energy Efficiency Directive (EED) revision, what should negotiators be considering as they recraft the key energy saving provisions — the energy savings obligation?
The right level of ambition …
As part of their response strategy to the energy crisis, EU legislators have committed to finalise the revision of the EED, the main legislation to deliver energy savings. Legislators are planning to meet on 2 March to advance this discussion. Last year, the Commission proposed a 13% energy efficiency target for 2030 and urged legislators to align the energy savings obligation (Article 8) with the REPowerEU goals.
The Russian invasion of Ukraine, the consequent disruption in fossil fuel supplies and the resultant increase in energy prices make action on energy efficiency more urgent than ever. The Council’s position is to gradually increase ambition over time, when what is needed is a ramp up in ambition now.
Looking ahead to 2030, Article 8 is a key delivery mechanism of the Fit for 55 Package. It would provide more than half of the energy savings needed to meet the proposed energy efficiency target, while pivoting the EU away from fossil fuel subsidies and ensuring the delivery of energy efficiency actions amongst energy poor households.
… without the loopholes
As political deadlines to resolve negotiations loom, it is important that last minute, seemingly innocuous changes do not undermine the good work put in over the preceding months.
This is particularly problematic with provisions such as Article 8, with its highly technical measurement processes set out in Annex V of the directive. The one non-negotiable technicality is the principle of additionality to EU law. Without this principle, the energy savings obligation will not play its role in meeting the Fit for 55 and REPowerEU targets, endangering their achievement. For example, energy savings from EU product and equipment standards require minimum energy performance levels that cannot be counted towards Member States obligations.
As political deadlines to resolve negotiations loom, it is important that last minute, seemingly innocuous changes do not undermine the good work put in over the preceding months.
The introduction of a new EU Emissions Trading System (ETS) does not significantly impact the delivery of energy efficiency policy measures under Article 8. During the most recent obligation period (2014-2020), countries reported numerous policy measures that saved energy covered by the current EU ETS — amongst both energy intensive industries and electricity consumers. The ETS meant that subsidy rates might have been a little lower than otherwise needed.
The extension of emissions trading to other energy sources used in buildings, transport and industry, will not significantly shrink the amount of savings that Member States can achieve through their national energy efficiency schemes. Indeed, Article 8 is the perfect complement to ETS 2. Emissions trading internalises the external costs of carbon, while Article 8 tackles the other market failures and barriers affecting energy efficiency take-up.
Removing indefensible fossil fuel subsidies
In its Net Zero by 2050 strategy, the International Energy Agency said that there should be no new fossil fuel boiler sales after 2025. The EED proposal moves in this direction by excluding energy savings from fossil fuel combustion technologies in its proposal. This makes a lot of sense, especially in the buildings sector, where the continued subsiding of fossil fuel boilers creates stranded assets that will need to be removed before the end of their lifetimes as carbon emissions becomes scarcer in the 2030s.
For Member States wishing to fulfil their energy savings obligations through buildings sector policy measures, the fossil fuel exclusion makes very little difference. The most efficient fossil fuel boilers are only slightly more efficient than the minimum standard boilers required through EU Ecodesign regulations. Policy measures that persuade consumers to switch to electrically powered heat pumps deliver around 15 times the energy savings than even the most efficient boilers, making electrification policies a no-brainer from an energy efficiency standpoint.
Delivering a more equitable energy transition
The one area where the negotiators’ positions appear to converge is on the benefits of targeting energy efficiency actions amongst vulnerable groups. The Commission’s proposal requires a minimum proportion of energy savings to be made amongst energy poor, vulnerable or households living in social housing. This aligns well with the social objectives of the Fit for 55 Package, including the use of ETS 2 revenues through the Social Climate Fund.
All these issues must be considered as negotiators move towards finalising the legal text in March. Energy efficiency policies lie at the heart of a cost-effective and equitable Fit for 55 Package. An ambitious energy savings obligation is the way to ensure this happens.
