4.1.2003 Official Journal of the European Communities L 1/65 DIRECTIVE 2002/91 /EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 December 2002 on the energy performance of buildings THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Commu- nity, and in particular Article 175(1) thereof, Having regard to the proposal from the Commission ('), Having regard to the opinion of the Economic and Social Committee (%), Having regard to the opinion of the Committee of the Regions (°), Acting in accordance with the procedure laid down in Article 251 of the Treaty (4, Whereas: (1)  Article 6 of the Treaty requires environmental protection requirements to be integrated into the definition and implementation of Community policies and actions. (2)  The natural resources, to the prudent and rational utilisa- tion of which Article 174 of the Treaty refers, include oil products, natural gas and solid fuels, which are essen- tial sources of energy but also the leading sources of carbon dioxide emissions. (3)  Increased energy efficiency constitutes an important part of the package of policies and measures needed to comply with the Kyoto Protocol and should appear in any policy package to meet further commitments. (4)  Demand management of energy is an important tool enabling the Community to influence the global energy market and hence the security of energy supply in the medium and long term. (5)  In its conclusions of 30 May 2000 and of 5 December 2000, the Council endorsed the Commission's action plan on energy efficiency and requested specific measures in the building sector. (6)  The residential and tertiary sector, the major part of which is buildings, accounts for more than 40 % of final energy consumption in the Community and is expanding, a trend which is bound to increase its energy consumption and hence also its carbon dioxide emis- sions. () OJ C 213 E, 31.7.2001, p. 266 and OJ C 203 E, 27.8.2002, p. 69. () O] C 36, 8.2.2002, p. 20. () 0] € 107, 3.5.2002, p. 76. (*) Opinion of the European Parliament of 6 February 2002 (not yet published in the Official Journal), Council Common Position of 7 June 2002 (O] C 197, 20.8.2002, p. 6) and decision of the European Parliament of 10 October 2002 (not yet published in the Official Journal). (7)  Council Directive 93/76/EEC of 13 September 1993 to limit carbon dioxide emissions by improving energy effi- ciency (SAVE) (°), which requires Member States to develop, implement and report on programmes in the field of energy efficiency in the building sector, is now starting to show some important benefits. However, a complementary legal instrument is needed to lay down more concrete actions with a view to achieving the great unrealised potential for energy savings and reducing the large differences between Member States' results in this sector. (8)  Council Directive 89/106/EEC of 21 December 1988 on the approximation of laws, regulations and administra- tive provisions of the Member States relating to construction products () requires construction works and their heating, cooling and ventilation installations to be designed and built in such a way that the amount of energy required in use will be low, having regard to the climatic conditions of the location and the occupants. (99 The measures further to improve the energy perfor- mance of buildings should take into account climatic and local conditions as well as indoor climate environ- ment and cost-effectiveness. They should not contravene other essential requirements concerning buildings such as accessibility, prudence and the intended use of the building. (10)  The energy performance of buildings should be calcu- lated on the basis of a methodology, which may be differentiated at regional level, that includes, in addition to thermal insulation other factors that play an increas- ingly important role such as heating and air-condi- tioning installations, application of renewable energy sources and design of the building. A common approach to this process, carried out by qualified and/or accredited experts, whose independence is to be guaranteed on the basis of objective criteria, will contribute to a level playing field as regards efforts made in Member States to energy saving in the buildings sector and will introduce transparency for prospective owners or users with regard to the energy performance in the Community property market. (11)  The Commission intends further to develop standards such as EN 832 and prEN 13790, also including consid- eration of air-conditioning systems and lighting. () OJ L 237, 22.9.1993, p. 28. () OJ L 40, 11.2.1989, p. 12. Directive as amended by Directive 93/ 68/EEC (O] L 220, 30.8.1993, p.1).