Governance of the Energy Union and Climate Action (Regulation (EU) 2018/1999)
The Renewable Energy Directive (Directive (EU) 2018/2001)
The Energy Efficiency Directive (Directive (EU) 2018/2002)
Non-legislative measures to improve the work on defining and monitoring energy poverty
The Governance of the Energy Union and Climate Action (Regulation (EU) 2018/1999), which is denoted the Governance Regulation, introduces a mechanism whereby Member States are obligated to assess the prevalence of energy poverty within their borders through National Energy and Climate Plans (NECPs). If a Member State identifies a ‘significant’ number of households in energy poverty, it is mandated to incorporate a national objective, along with corresponding policies and measures, to mitigate this challenge.
The Renewable Energy Directive (Directive (EU) 2018/2001) contributes by directing Member States to address the accessibility of self-consumption of renewable energy sources. This directive specifically highlights the importance of enabling participation in energy communities for customers residing in low-income or vulnerable households. It recognises that such households may lack the necessary up-front capital to invest in renewable energy technologies but could substantially alleviate their energy poverty through reduced energy bills.
The Energy Efficiency Directive (Directive (EU) 2018/2002) takes the general provision for inclusion of vulnerable costumers in the Renewable Energy Directive one step further by providing a framework in Article 23-24 for the inclusion of energy poor citizens in specific efficiency improvement programmes or grants. Paragraph 24 specifically recognises that energy efficiency measures are central and complementary to social security policies at Member State level, to alleviate energy poverty, alongside the need to improve energy efficiency in buildings within the objectives set out by the Paris Agreement. Furthermore, Article 7 (11) mandates that policies directed purely towards energy efficiency savings should take into account the need to alleviate energy poverty. It is noteworthy that the integration of measures relating to capital investments in the energy efficiency regulation largely validates the earlier findings of Brenda Boardman, where measures to combat energy poverty were argued to be more effectively linked to capital investments than pure income measures. The Energy Efficiency Directive was revised in 2023, and the revisions regarding energy poverty are presented in section 4.3.
In addition to the legislative measures introduced through the Clean Energy for all Europeans package, the package also introduced non-legislative initiatives to support measures to define and monitor energy poverty. Specifically, the European Commission launched the Energy Poverty Observatory (EPOV) with the purpose of improving the measuring and monitoring of energy poverty as well as sharing knowledge and best practices. EPOV has played an important role in collecting information on and discussing various indicators that measure the extent of energy poverty on a national level as well as on a local level.
4.2.2 The entry of vulnerable costumers in EU policy
In tandem with the Clean Energy for all Europeans package, the Electricity Directive (Directive (EU) 2019/944) requires Member States to establish robust safeguards designed explicitly to protect vulnerable customers. The Gas Directive required the Member States to define the concept of vulnerable costumers in their national context. The Electricity Directive provided a concept clarification acknowledging that ‘the concept of vulnerable customers may include income levels, the share of energy expenditure of disposable income, the energy efficiency of homes, critical dependence on electrical equipment for health reasons, age or other criteria’. The need to ensure that the benefits of the ongoing energy transition extend equitably across society is a central theme. Structural measures are identified as essential components, aiming to secure widespread societal advantages from the dynamic changes underway in the energy landscape.
The European Commission assumes a pivotal role in the evolution of the energy poverty agenda. Following the Electricity Directive (Directive (EU) 2019/944), the Commission was tasked with providing indicative guidance on appropriate indicators for measuring energy poverty and defining what constitutes a 'significant number of households in energy poverty’.
In response to this mandate, the Commission delivered a landmark recommendation in 2020 (Commission Recommendation (EU) 2020/1563), offering a common definition of energy poverty, along with nine recommendations designed to assist Member States in implementing new provisions on energy poverty. The accompanying Staff Working Document (SWD(2020) 960) included a list of 13 indicators for measuring energy poverty from which the Member States were advised to choose those relevant for their specific national context.
Furthermore, in 2021, the Commission published the Communication on Tackling rising energy prices: a toolbox for action and support (COM/2021/660). This communication provided a rich array of suggestions for actions to tackle energy poverty, spanning compensation measures and direct support to energy-poor end-users, safeguards to prevent disconnections from the energy grid or temporary deferment of payments, and the promotion of best practices through coordination groups.
Building on this, the Commission continued in 2022 by issuing a Commission Notice on the Guidance (2022/C 495/02) to Member States for the update of the National Energy and Climate Plans (NECPs) due in 2023. An excerpt from the document is presented in box 1. This guidance serves as a measure, encouraging all Member States to establish objectives for reducing energy poverty within their jurisdictions. Against the backdrop of rising energy costs since 2021, the Commission decided to extend the recommendation to all Member States and not only those who found a significant number of people in energy poverty. The emphasis on a proactive and preventative approach underscores the Commission's mandate to foster a future in which energy poverty is not only addressed but is systematically minimised.