EU internal market and energy efficiency legislation

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Supporting study for the Fitness Check on the construction sector: EU internal market and energy efficiency legislation


This study is intended to support the European Commission's Regulatory Fitness and Performance Programme (REFIT) Sectoral Fitness Check of the Construction Sector, expected to be published in the spring of 2017. The Sectoral Fitness Check aims at examining how various EU legal acts impact on the construction sector, and at identifying possible areas of improvement, including reduction of regulatory costs and burdens and a better alignment of provisions, if applicable. The analysis included evaluating the efficiency, coherence, effectiveness, relevance and EU added value of most relevant provisions of EU legislation, with respect to the objectives for a more competitive and sustainable construction sector, in particular for Small and Medium-sized Enterprises (SMEs). Particular attention was paid to identifying any synergy or inefficiencies arising from these acts.


The study pursues two objectives: (i) assessing the impacts (in terms of both costs and benefits) that a number of pieces of EU legislation in two policy areas have on the construction sector, from both an economic and legal perspective; (ii) carrying out an ex-post evaluation of the efficiency, the coherence, the effectiveness, the relevance and the EU added value of selected EU legislative texts with respect to the achievement of the objectives for a more competitive and sustainable construction sector. The analysis consists of a retrospective assessment.


The study reviews the EU legislation concerning two policy areas, Internal Market and Energy Efficiency, focusing on the most relevant texts which have a significant impact on the construction sector’s competitiveness and sustainability. Based on the progressive refinement of a list of possibly relevant acts, the study focuses on nine pieces of legislation currently in force as well as their predecessors in effect during the 2004 – 2014 period:


  1. The Construction Products Regulation (CPR) and its predecessor Construction Products Directive (CPD);
  2. The Professional Qualifications Directive (PQD), including the 2013 amendments;
  3. The Services Directive (SD);
  4. The Late Payments Directive (LPD 2011) and its predecessor Directive 2000/35/EC (LPD 2000);
  5. The Energy Efficiency Directive (EED), and its predecessor Directive 2006/32/EC (Energy End-Use Directive);
  6. The Energy Performance of Buildings Directive (EPBD 2010) and its predecessor Directive 2002/91/EC (EPBD 2002);
  7. The Ecodesign Directive (EDD);
  8. The Energy Labelling Directive (ELD);
  9. The Renewable Energy Sources Directive (RESD).

Please visit the links below to download and read the full report.