A reasoned opinion
The European Commission has requested Latvia to correctly transpose all the requirements of the Energy Performance of Buildings Directive (Directive 2010/31/EU) into national law.
In the EU, buildings represent 40% of energy consumption and 36% of CO2 emissions. The correct implementation of the Directive is essential for reaching EU energy and climate targets as well as improving comfort and helping consumers save money on their energy bills. Member States must establish and apply minimum energy performance requirements for new and existing buildings, ensure the certification of buildings' energy performance, and require the regular inspection of heating and air conditioning systems. In addition, the Directive requires Member States to ensure that all new buildings are ‘nearly-zero energy' buildings from 2021 onwards.
According to the Commission, not all the requirements of the Directive had been fulfilled in Latvia. In particular, the energy performance certificates which have to be issued when a building is constructed, sold or rented out to a new tenant are not made compulsory in Latvia, but should be issued only upon request by the buyer, tenant or lessee. The Directive also requires that the energy certificates are displayed in visible place in buildings frequently visited by the public, while the national legislation limits these obligations to buildings owned by the public.
Finally, there are more exemptions than foreseen in the Directive and no sufficient enforcement mechanisms in place to ensure compliance with the Directive's requirements. Latvia has two months to notify the European Commission of measures taken to remedy this situation; otherwise, the Commission may decide to refer the Latvian authorities to the Court of Justice of the EU.
For further information, see the Commission's Fact Sheet regarding the February infringement package at the link below.