Mr. Seán Armstrong:

The Department is very supportive of the EPBD. Ireland has been exemplary in its implementation of the EPBD over the last 20 years. We have a lot of experience in transposing the legislation, writing the technical guidance and setting performance standards that work.

This is a draft EPBD. When we review the articles we will examine them so that we can implement them in the most effective way to achieve the greatest level of ambition possible. There is absolutely no intent to undermine or detract from the ambition of the EPBD. Any observations are totally about implementing it in the most effective way. I reiterate that this is a draft directive. The Commission has asked member states for their feedback and we give our feedback in the spirit of effective implementation.

With regard to the specific issues that have been raised, the first concerned Article 2(2) and zero-emission buildings. There is a provision in Article 2(2) that a renewable energy community scheme will meet the renewables requirement for on-site electricity. We are very supportive of renewable energy community schemes. From the point of view of implementing that at a building level, when one applies the calculation methodology it is impossible to know whether the electricity used in the building has come from a renewable energy community scheme or a fossil-fuel generated scheme.

In terms of a solution, the following was introduced a little over 15 years ago in the UK whereby renewable energy community schemes would be recognised. The only way that it was physically possible to know that the electricity came from a renewable energy scheme was to put in separate lines direct from the renewable energy community scheme to the building. We are supportive and want that to happen. As we are not sure how this can physically happen we have suggested the insertion of the phrase "where technically feasible" in order to provide for it but not to require it from member states because we would have no way to implement it if it was implemented in the form that has been proposed.

With regard to deep retrofit, as the Deputy will be very well aware, the housing stock is complex and diverse and has been there for hundreds of years. We have traditional buildings, buildings of architectural value, buildings that were built prior to regulations and different methods of construction. The building physics that apply the operation of those buildings varies depending on when they were constructed. Where we have traditional buildings that were built before the 1940s, and some built after that period, the transfer of moisture is important. The walls of those buildings need to be allowed to breathe. If we set performance requirements that require people to place modern insulation on the external or internal surface of those buildings, that can prevent the walls from breathing which can result in condensation, mould growth and health damage to the people who occupy those buildings. The directive has not been nuanced enough to take account of that.

The term "where technically functional and economically feasible" came from the 2010 directive. It is a term we took from the 2010 directive and used in the past with regard to major renovations. We suggested to the Commission that because there are technical risks in traditional buildings, when deep retrofits are being carried out we need to ensure they are technical, economically and functionally feasible. The Commission produces recommendations on what constitutes technically, economically and functionally feasible and we refer to those guidelines. In the 2010 directive, we found they were not detailed enough and we have had to go further and provide more detailed definitions in the technical guidance documents. Alternatively, we will carry out an assessment as part of the development of the technical guidance documents, determine what is and is not a safe level for a building and provide that in the technical guidance document. That is how we work with the directive to aid its implementation. The objective is to achieve the most effective implementation of the requirements and bring all of the dwellings to the most ambitious, safe and practical level they can achieve.