Joe Sherlock (Cork East, Labour)
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Question 94: To ask the Minister for the Environment, Heritage and Local Government the provisions he will make for persons selling homes from 1 January 2006, since the failure to transpose the EU energy efficiency building directive means they will not be able to produce the energy performance certificate that will be legally required under EU law from that date; and if he will make a statement on the matter. [36666/05]

Dick Roche (Wicklow, Fianna Fail)
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Article 15(2) of the EU energy performance of buildings directive, 2002/91/EC, allows for the phased introduction of building energy performance certificates by 4 January 2009. The draft action plan for the implementation of the energy performance of buildings directive in Ireland — April 2005 — provides for the phased introduction of building energy performance certificates, to be known as building energy rating certificates, as follows: (i) for new dwellings with effect from 1 January 2007; (ii) for new buildings other than dwellings with effect from I January 2008; and (iii) for existing buildings, when offered for sale or letting or re-letting, with effect from 1 January 2009. A copy of the draft action plan has been placed in the Oireachtas Library. The definitive action plan is being drawn up, in the light of all submissions received during the public consultation process on the draft plan, and will be submitted to the European Commission shortly.