Message 001
Communication from the Commission - TRIS/(2026) 1983
Directive (EU) 2015/1535
Notification: 2026/0389/BE
Notification of a draft text from a Member State
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Does not open the delays - N'ouvre pas de délai - Kein Fristbeginn - Не се предвижда период на прекъсване - Nezahajuje prodlení - Fristerne indledes ikke - Καμμία έναρξη προθεσμίας - No abre el plazo - Viivituste perioodi ei avata - Määräaika ei ala tästä - Ne otvara razdoblje kašnjenja - Nem nyitja meg a késéseket - Non fa decorrere la mora - Atidėjimai nepradedami - Atlikšanas laikposms nesākas - Ma jiftaħx il-perijodi ta’ dewmien - Geen termijnbegin - Nie otwiera opóźnień - Não inicia o prazo - Nu deschide perioadele de stagnare - Nezačína oneskorenia - Ne uvaja zamud - Inleder ingen frist - Ní osclaíonn sé na moilleanna
MSG: 20261983.EN
1. MSG 001 IND 2026 0389 BE EN 22-07-2026 BE NOTIF
2. Belgium
3A. FOD Economie, KMO, Middenstand en Energie
Algemene Directie Kwaliteit en Veiligheid - Dienst Verbindingsbureau - BELNotif
NG III – 2de verdieping
Koning Albert II-laan, 16
B - 1000 Brussel
be.belnotif@economie.fgov.be
3B. De Openbare Vlaamse Afvalstoffenmaatschappij
Stationsstraat 110
2800 Mechelen
Tel: 015 28 42 84
4. 2026/0389/BE - S20E - Waste
5. Decree amending the DABM and Materials Decree with regard to the partial transposition of the EU Directive on the energy performance of buildings (materials aspect – Art. 7.2 and Art. 7.5)
6. Energy performance of buildings
7.
Requirements that reserve access to particular providers
This decree establishes the legal basis for the recognition of certification institutions and the certification of those responsible for material performance for the calculation of the GWP indicator and material performance of buildings under the EPBD. For reasons of quality and efficiency, the decree imposes a single condition on the person responsible for material performance who will carry out the calculation: they must be an architect or an EPB reporter. Anyone who meets this condition and therefore possesses a certain level of relevant knowledge of the subject matter and structure will, regardless of their nationality, be permitted to provide the specified services. In the future, other conditions may be set out in an implementing decree that further refines these regulations. The implementing decree will be notified again.
In order to ensure a certain level of quality in the services provided, it is necessary to impose a number of minimum conditions on service providers. The decree therefore stipulates that the person responsible for material performance must be an architect or an EPB reporter due to the knowledge required of the subject matter and the building. This restriction is necessary to ensure that the service is provided in a professional and proper manner. Any other conditions are not established in the context of this notification, but will be elaborated on in an implementing decree for which this legislation forms the basis. The implementing decree will be notified again.
As mentioned above, this decree contains only one condition, namely that the person responsible for material performance must be an architect or an EPB assessor due to the required knowledge of the subject matter and the building. This condition is suitable for achieving the intended purpose. On the one hand, this task aligns with the current responsibilities of an architect or EPB assessor and on the other hand, this condition ensures that the additional training and costs for the building owner remain limited. This condition provides a sound and necessary guarantee of a high-quality and consistent calculation of material performance. Any other conditions are not established in the context of this notification, but may be elaborated on in an implementing decree for which this legislation forms the basis. The implementing decree will be notified again.
Directive 2006/123/EC on services in the internal market
8. This amendment to the decree merely sets out the legal basis for the implementation of Article 7.2 and Art. 7.5 of the EU Directive 2024/1275 on the energy performance of buildings. These articles stipulate that the GWP (Global Warming Potential) must be calculated over the entire life cycle, in accordance with Annex III, and must be stated on the building’s energy performance certificate from 1 January 2028 for all new buildings with a usable floor area of more than 1,000 m² and for all new buildings from 1 January 2030. In addition, maximum limits must be set for the GWP from 1 January 2030.
The legal grounds may be elaborated on in more detail later by means of an implementing decree. However, this amendment to the decree already sets out the broad outlines of the system that will be established for calculation and quality assurance.
9. The aim of this amendment to the decree is to introduce a number of changes to the Decree on General Provisions for Environmental Policy (DABM) and the Materials Decree, with a view to implementing the EU Directive on the energy performance of buildings. Article 7.2 of the directive stipulates that Member States must ensure that the GWP (Global Warming Potential) over the entire life cycle of the building is calculated and from 2030, is limited (Article 7.5).
The Public Waste Agency of Flanders (OVAM)is responsible for this part of the transposition of the EPB Directive. This mandatory calculation gives rise to a number of new tasks for the OVAM, namely:
1) Providing the methodology for the calculation. The OVAM already has a calculation tool with TOTEM that allows the material performance of buildings to be calculated on a voluntary basis;
2) Maintaining the material performance calculations in a database;
3) Providing MPCs (material performance certificates) via the energy performance certificate in the construction sector;
4) Monitoring and ensuring the quality of both the calculations and staff carrying them out. To this end – following the model used for asbestos – a system will be established involving the accreditation of certification institutions for material performance officers and the certification of those responsible for material performance.
9a. This amendment to the decree relates solely to the transposition of Article 7.2 and Art. 7.5 of the EU Directive 2024/1275 on the energy performance of buildings (for the material aspect). The advisability of calculating and setting limits on the GWP had already been considered at the European level when the relevant directive was drawn up, including whether these measures were suitable for achieving the intended objective. Flanders is now transposing this directive in the most efficient and high-quality manner, relying on its existing systems for calculating the energy performance of buildings and for the inventory and phasing out of asbestos, both of which have already proven their usefulness.
9b. This amendment to the decree relates solely to the transposition of Article 7.2 and Art. 7.5 of the EU Directive 2024/1275 on the energy performance of buildings (for the material aspect). As a result, there is no restriction of the internal market or any impact on cross-border trade in goods and services expected other than what the EU itself is pursuing with EU Directive 2024/1275. The assessment of the necessity of this measure was previously carried out at the European level during the drafting of the relevant directive.
9c. This amendment to the decree relates solely to the transposition of Article 7.2 and Art. 7.5 of the EU Directive 2024/1275 on the energy performance of buildings (for the material aspect). This does not introduce any restrictions on the internal market other than those pursued by the EU under EU Directive 2024/1275, which the EU assessed when drafting that directive. Flanders is now implementing this directive in the most efficient and high-quality manner possible, drawing on its existing systems for calculating the energy performance of buildings and for the identification and phasing out of asbestos, both of which have already proven their worth.
10. Numbers or titles of the basic texts: There are no basic texts.
11. No
12.
13. No
14. No
15. No
16.
TBT aspects: No
SPS aspects: No
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European Commission
Contact point Directive (EU) 2015/1535
email: grow-dir2015-1535-central@ec.europa.eu
