L 81/18 Official Journal of the European Union 21.3.2012 (Non-legislative acts) REGULATIONS COMMISSION DELEGATED REGULATION (EU) No 244/2012 of 16 January 2012 supplementing Directive 2010/31/EU of the European Parliament and of the Council on the energy performance of buildings by establishing a comparative methodology framework for calculating cost-optimal levels of minimum energy performance requirements for buildings and building elements (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (), and in particular Article 5(1) thereof, Whereas: (1) Directive 2010/31/EU requires the Commission to establish by means of a delegated act a comparative methodology framework for calculating cost-optimal levels of minimum energy performance requirements for buildings and building elements. It is the responsibility of Member States to set minimum energy performance requirements for buildings and building elements. The requirements must be set with a view to achieving cost-optimal levels. It is up to the Member States to decide whether the national benchmark used as the final outcome of the cost- optimal calculations is the one calculated for a macro- economic perspective (looking at the costs and benefits of energy efficiency investments for the society as a whole) or a strictly financial viewpoint (looking only at the investment itself). National minimum energy performance requirements should not be more than 15% lower than the outcome of the cost-optimal results of the calculation taken as the national benchmark. The cost-optimal level shall lie within the range of performance levels where the cost-benefit analysis over the lifecycle is positive. () O] L 153, 18.6.2010, p. 13. G) ) O] 0] Directive 2010/31/EU promotes the reduction of energy use in the built environment, but also emphasises that the building sector is a leading source of carbon dioxide emissions. Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products () provides for the estab- lishment of minimum energy performance requirements for such products. When setting national requirements for technical building systems, Member States must take into account the implementing measures established under this Directive. The performances of construction products to be used for the calculations under this Regu- lation should be determined in accordance with the provisions of Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (%). The objective of cost-effective or cost-optimal energy efficiency levels may, in certain circumstances, justify the setting by Member States of cost-effective or cost- optimal requirements for building elements that would in practice raise obstacles for some building design or technical options as well as stimulate the use of energy-related products with better energy performance. The steps that comprise the comparative methodology framework have been set out in Annex III to Directive 2010/31/EU and include the establishment of reference buildings, the definition of energy efficiency measures to L 285, 31.10.2009, p. 10. L 88, 4.4.2011, p. 5.