Klima-, Energi- og Forsyningsudvalget 2024-25
KEF Alm.del Bilag 411
Offentligt
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Offentligt
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR ENERGY
Directorate B – Just Transition, Consumers, Efficiency and Innovation
B.3 – Buildings and Products
Brussels
ENER.B.3/NL/ener.b.3(2025)9209320
Dan Belusa
[email protected]
Denmark
Subject:
Ref.:
Your letter concerning the need under the EPBD for preparing a fossil-
fuelled boiler phase-out plan
Ares(2025)6217331
Dear Mr Belusa,
The Cabinet of Commissioner for Energy and Housing, Dan Jorgensen, has forwarded
your email of 30 July 2025 to me for reply, as our unit is in charge of the questions you
raise.
In your email you refer to a public debate over whether Denmark is exempt from the
obligation to submit a fossil fuel boiler phase-out plan, as part of its National Building
Renovation Plan (“NBRP”) under Directive (EU) 2024/1275 on the energy performance
of buildings (“EPBD”), based on the reasoning that natural gas supply in Denmark is
expected to be fully covered by biogas by 2032 and ask for advice. Below is a summary of
the legal provisions that can hopefully clarify matters.
Under Article 3 of the EPBD, all Member States are required to submit a draft NBRP to
the Commission by 31 December 2025. This submission must adhere to the template set
out in Annex II to the Directive. Specifically, Annex II, point (c) provides an overview of
implemented and planned policies and measures and lists, under point (f), as a mandatory
indicator “the
decarbonisation of heating and cooling, including through district heating
and cooling networks, and the phasing out of fossil fuels in heating and cooling with a
view to a complete phasing out of fossil fuel boilers by 2040”.
The Commission will assess
the draft NBRPs in line with Article 3(5) and may issue country-specific recommendations.
It will then be for Member States to update their NBRPs to take into account the
Commission assessment and to submit a final version by 31 December 2026.
Any plan by the Danish government to fully decarbonise the natural gas grid by 2032
should be outlined or referenced in the National Building Renovation Plan. In this context,
as regards biogas consumption within the EU, it may only be counted once towards the EU
renewables and greenhouse gas reduction targets, in line with the Renewable Energy
Directive (Directive (EU) 2018/2001). The Commission is confident that the full use of
the Union database for biofuels will ensure this in the near future. Exports or imports of
biogas should of course be taken into account when considering whether a national gas
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË – Tel. +32 22991111
KEF, Alm.del - 2024-25 - Bilag 411: Henvendelse af 22/9-25 fra Dan Belusa, Fredensborg, om "EU kommissionens svar vedr udfasning af danske gasfyr"
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grid is decarbonised also for the purposes of the EPBD provisions relating to fossil fueled
boilers.
I take the opportunity to draw your attention to the
package of Commission guidance
documents on all new and significantly modified provisions of the EPBD,
adopted on 30
June 2025. I invite you to have a look at the
Guidance on fossil fuel boilers.
All guidance
documents have been consulted on numerous occasions in the course of 2024 and 2025
with representatives of the Member States at the Energy Performance of Buildings
Committee (see
here).
Without prejudice to the fact that only the text of the EU act itself has legal force and that
the binding interpretation of EU legislation is the exclusive competence of the Court of
Justice of the EU, the Guidance on fossil fuel boilers clarifies that it is the fuel that is used
in the boiler that defines whether a boiler is a ‘fossil fuel boiler’ or not. It also provides
examples of policies and measures that Member States can include in their NBRPs, with a
view to a complete phasing out of fossil fuel boilers by 2040. Measures for the full
decarbonisation of the gas grid, to the extent that it will be used to heat buildings in 2040,
offer one such possibility. In this context, please note that the distinction about “the time
when the boiler is installed”, to which you refer in the article attached to your email,
specifically related to the guidance issued for Article 17(15) of the EPBD (financial
incentives) but is not relevant in the context of the provision in Article 3/Annex II
otherwise discussed above.
I hope the abovementioned clarifications are useful to you.
Yours sincerely,
Niels Ladefoged
Head of Unit (acting)
2
Electronically signed on 20/08/2025 16:41 (UTC+02) in accordance with Article 11 of Commission Decision (EU) 2021/2121