Eamon Gilmore (Dún Laoghaire, Labour)
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Question 156: To ask the Minister for the Environment, Heritage and Local Government when he intends to implement the EU directive on the energy performance of buildings; the progress which has been made in making the necessary regulations or preparing legislation; the correspondence he has had with the EU Commission on possible derogation from the directive; and if he will make a statement on the matter. [11276/05]

Dick Roche (Wicklow, Fianna Fail)
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The Energy Performance of Buildings Directive (2002/91/EC), EPBD, was adopted on 16 December 2002. EU member states must legally transpose the EPBD by 4 January 2006. I plan to include the principal transposition provisions in the proposed Building Control Bill 2005, which is due to be published in the autumn. This primary legislation will be supplemented by regulations under the European Communities Act 1972; and building regulations under the Building Control Act 1990.

Article 15 of the EPBD allows for deferment, up to 4 January 2009, for the practical implementation of the following more complex provisions: Article 7, mandatory energy performance rating or "labelling" of newly constructed buildings and of existing buildings when existing buildings are sold or let; Article 8, improvement of the energy efficiency of boilers; and Article 9, mandatory inspection of air conditioning systems.

An interdepartmental working group has drawn up a draft action plan for implementation of the EPBD according to a proposed timetable which provides for development of an appropriate rating methodology and the training of auditors for building energy performance rating purposes. The working group comprised senior officials from my Department, the Department of Communications, Marine and Natural Resources, and Sustainable Energy Ireland.

Sustainable Energy Ireland, SEI, submitted a revised draft of the action plan, on behalf of the interdepartmental working group, for my approval in mid February 2005. I intend to shortly approve the publication of the draft action plan by SEI, for public and industry comment. At that stage, I will have a copy of the draft placed in the Oireachtas Library. Any deferment of implementation of Articles 7, 8 and 9 of the EPBD must be justified, in writing, to the EU Commission. Any submission by my Department to the Commission would be made when the implementation time scale is finalised following completion of the public consultation process on the draft action plan.