This concerns amendments to the energy performance regulations (amendments to the calculation methodology and accreditation) that fall under B30 Environment.
Notification within the framework of Directive (EU) 2015/1535 and Directive 2006/123/EC of the Decree of the Flemish Government amending the Energy Decree of 19 November 2010 concerning the transposition of Directive (EU) 2018/844 and concerning various provisions relating to energy efficiency
On 15 May 2020, the Flemish Government fundamentally amended its Energy Decree with a view to transposing a number of provisions of European Directives (EU) 2018/844 and (EU) 2018/2002. This concerns adjustments to the energy performance regulations.
The Decree requires notification for two directives.
- The Decree amends the calculation methodology under the energy performance regulations. Directive (EU) 2015/1535 provides that Member States are to give notification of a draft technical regulation to the European Commission without delay, unless it transposes the full text of an international or European standard, in which case information regarding the relevant standard shall suffice. Member States are also to let the Commission have a statement of the grounds which make the enactment of such a technical regulation necessary, where those grounds have not already been made clear in the draft. Where appropriate, and unless it has already been sent with a prior communication, Member States shall simultaneously communicate the text of the basic legislative or regulatory provisions principally and directly concerned, should knowledge of such text be necessary to assess the implications of the draft technical regulation. The original Decree of the Flemish Government of 11 March 2005, as well as the subsequent amendments to the calculation methodology, have been notified to the European Commission in accordance with the applicable provisions. As this Decree provides for the amendment and replacement of annexes, thereby providing for adjustments to the calculation methodology, these drafts must be notified in accordance with the Directive.
- The Decree also provides for a scheme with regard to the establishment of accreditation. The establishment of accreditation as set out in this Decree constitutes an authorisation scheme within the meaning of the Services Directive. Article 15(7) of the Services Directive states that Member States shall notify the European Commission of any new laws, regulations or administrative provisions which set such requirements as well as the reasons for those requirements. The Commission shall communicate the provisions concerned to the other Member States.