Ruairi Quinn (Dublin South East, Labour)
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Question 1459: To ask the Minister for the Environment, Heritage and Local Government if EU Directive 2002/91/EC was implemented before 4 January 2006; if the directive was not implemented by 4 January 2006 the reason Ireland did not meet its obligations to implement this directive before the deadline; and if he will make a statement on the matter. [1109/06]

Dick Roche (Wicklow, Fianna Fail)
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Substantial progress has been made in transposing the EU Energy Performance of Buildings Directive, EPBD, by 4 January 2006, as follows: (1) Building Control Bill 2005, sections 4 and 5, published on 22 December 2005, provide for the part transposition of Article 5 of EPBD — consideration of alternative renewable energy systems during the design of large new buildings — and Article 7 of EBD building energy rating of buildings and public display of energy rating of large public service buildings; (2) Building Regulations (Amendment) Regulations 2005 partly transpose Articles 3, 4, and 5 of EPBD; and provide the legal basis for the introduction of a revised building energy performance assessment methodology for new dwellings — this methodology expresses the energy performance of the building as a single parameter, CO2/m2/ per annum.

Details of these transposition measures were notified to the European Commission on 20 January 2006, together with details of proposed additional transposition measures in relation to Article 8 — energy efficiency of boilers — and Article 9 — mandatory inspection of air conditioning systems — to be adopted by my colleague, the Minister for Communications, Marine and Natural Resources, by end March 2006.

All transposition measures have not been completed by 4 January 2006, due principally to the need to develop complex administrative and technical supporting implementation arrangements, as set out in the draft action plan for the implementation of the energy performance of buildings directive in Ireland, April 2005, which was sent to the Commission in May 2005 — a copy of which is in the Oireachtas Library. This is a problem shared by most EU member states. I understand that, as at 4 January 2006, only ten of the 25 EU member states had notified the Commission of partial or total transposition of the EPBD. Article 15(2) of EPBD allows for the phased implementation of Articles 7 to 9, up to 4 January 2009.