Malta received a reasoned opinion from the European Commission this week, for its failure to notify the Commission as to how it is to implement the measures laid out in the 2002 Energy Performance of Buildings Directive. All EU member states were meant to have implemented the energy performance of buildings directive by 4 January of this year.

The reasoned opinion, the second step in the infringement procedure against a member state, comes despite what has been perceived as a concerted effort and a number of measures of late aimed at instilling such a mentality and installing, in government buildings, a number of energy-saving techniques.

Cyprus, Greece, Hungary and Sweden similarly received reasoned opinions, along with Malta.

The directive is intended to reduce energy consumption in buildings by obliging member states to lay down minimum energy performance standards and apply them to all new buildings and to larger, existing buildings.

The energy performance of buildings, according to the directive, will then translate into an energy certificate for the building.

The certificate, however is meant to go over and above similar certificates issued for a number of white goods in that it will be accompanied by solid advice on how to improve the energy performance of an existing building, what the investment costs and what the pay back time on the investment is likely to be.

Additionally, member states will need to ensure that heating and air conditioning installations are regularly inspected to enable performance improvement.

The action against Malta, and its fellow member states similarly rapped this week by the Commission, was taken in response to the insufficient information supplied by the countries in question after they had received the first letters notifying them of their failure to implement the measures.

The cases for failure to implement the Directive against Lithuania and Portugal have been closed, as the two countries have notified the EC of their complete implementation of the directive.

There are three steps to legal proceedings against a member state.

First, when the Commission considers there may be an infringement of EU law that warrants the opening of an infringement procedure, it addresses a Letter of Formal Notice – a first written warning to the member state concerned – requesting it to submit its observations by a specified date, usually two months.

In the absence of a reply from the member state concerned, the Commission may decide to issue a reasoned opinion, or final warning, which is what Malta has now received over its energy performance plans.

This sets out the reasons why it considers there to have been an infringement of EU law and calls upon the member state to comply within a specified period, normally two months.

If the member state fails to comply with the reasoned opinion, the Commission may then choose to take the third and final step – to bring the case before the European Court of Justice.