Energy Directive

Caveat Emptor
Construct Ireland Journalist Frank Coles investigates the impact posed by the Energy Performance of Buildings Directive

Caveat Emptor Issue of Construct Ireland


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We all have a vested interest in the commercial and domestic infrastructure of Ireland . If you ever intend to buy, sell, rent, lease or develop property during your lifetime then the energy efficiency of these buildings that each of us live and work in are set to face legal and commercial scrutiny at both the local and European level under the incoming Energy Performance of Buildings Directive [EPBD]. However the Irish Government’s track record of implementing positive frameworks for building standards is far from exemplary and is plagued by accusations of cronyism. Construct Ireland ’s Frank Coles spoke to builders, trade associations and regulation makers, to examine the possible impact of the Directive and to explore the problems and opportunities that these changes pose for consumer and industry alike.

The EPBD has emerged against a backdrop of unsuccessful Environmental initiatives over the last few years. Andrew Warren from EuroACE [The European Alliance of Companies for Energy Efficiency in Buildings] provides context. “In 1997 EU member states took on a portion of the Kyoto burden in order to meet the 8% reduction in emissions between 1990 and 2010 which the EU-15 committed itself to deliver.” In November 2000 The National Climate Change Strategy [NCCS] was brought in as the framework through which Ireland would meet its commitments under Kyoto . The NCCS amongst other things promised carbon energy taxation and a “mandatory energy rating system” for building rental in the commercial sector, to be in place by 2003. Neither of these proposals has ever been implemented; carbon tax disappearing at the 11 th hour amidst some controversy while the commercial rating system vanished without a whimper. According to the Department of the Environment the energy rating initiatives foreseen by the NCCS “were overtaken by the adoption by the EU, at end 2002, of the Energy Performance of Buildings Directive”, a system not due in until January 2006 and according to the DOE, “the energy performance certification provisions must be fully operative no later than 4 January 2009”, hinting at ongoing delays in implementation.

Essentially some would say that because very little had happened with earlier initiatives in certain member states, the EU was compelled to draft the EPBD. Andrew Warren explains that a lot of governments had been urging the Commission to “stop inventing new Directives and try to make sure the one’s we’ve got are implemented properly.” The Commission is now taking a hard-line approach to this situation and will hold these countries to their word. He goes on to say that “if it is transparent that actually what they’ve been doing is twiddling their thumbs” then under the EPBD, the Director General of Energy and Transport, Francois Lamourex “made it plain that he expects to go for prosecution.” Lamourex has also informed EuroACE that he anticipates having to “take out proceedings against around a half of the Member States.”

At the European level then, it is essential for the Irish and many other governments to bring their emissions levels under control and comply with the EPBD, but is there any sign that the Irish Government has the will to make this happen? From both national and international levels there is compelling evidence to the contrary. According to a source within the Commission, commentators from other governments have noted during the negotiations over the EPBD that the Irish Government representative had sought to water down any hard commitments in the Directive.

The significance of the emissions reductions across the building sector becomes clearer through the results of a study funded by EuroACE and conducted by international management consultants CALEB. They found that by using existing technologies the EU could reduce greenhouse gas emissions from this sector by 400 million tonnes; more than the combined EU commitment made at Kyoto . To put this in perspective; to reduce emissions by other means Europe could either take six million cars off the road for 15 years or plant forests equal to three times the size of France . From these findings it is easy to see why the Commission has taken this initial approach to emissions reduction that will also lay the groundwork for further reductions in the future. From his wider European perspective Warren asserts that “across Europe the building sector is responsible for half of all energy use and therefore half of all carbon consumption. You’re talking about areas in which it is fairly easy to make reductions and makes buildings more comfortable to live and work in and cheaper to run. It has a potential to be win, win, win all round. The trouble is that it requires change, change, change all round and not everyone is all that keen.”


So for Ireland to avoid prosecution and fines or to meet its targets and to stay competitive as the European marketplace changes, it appears necessary for the Irish Government to take an active role in establishing the required framework and make it easier for changes to be made across the industry, from construction site through to the board room. However on the domestic front industry leaders are asking why the Irish Government is failing to take its environmental obligations more seriously. Gerry McCaughey of Irish timber frame manufacturer Century Homes asks, “Why would the Government not be concerned about our climate, about possible fines for breaching a legally binding agreement, and about reducing the amount of money spent by Irish citizens on fuel? The fact is, the moment they make all these changes one massive industry is going to be seriously harmed.” To back up this statement Mr McCaughey has made available to us documents he recovered from the Department of the Environment under the Freedom of Information Act. McCaughey’s company has been involved in building a number of demonstration projects over the years including one in particular that was jointly sponsored by the University of Ulster and the British Department of Economic Development in the late nineties. According to McCaughey the report the project produced was astounding, “in terms of the amount of CO2 reduction that you could generate to heat a house to a very comfortable level.” He sent these findings to the then Minister for the Environment, Noel Dempsey. Ireland had just signed up to Kyoto and already there were signs that Ireland couldn’t make its commitments. “I actually genuinely thought, which shows how naïve I was, that these guys will be really interested in this. We face a fine if we don’t get this right. Some time later I get back this flippant response, basically saying thank you very much but no thanks.”



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