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1. Where Member States decide to fulfil their obligations to achieve the amount of savings required under Article 8(1) by way of an energy efficiency obligation scheme, they shall ensure that the obligated parties referred to in paragraph 3 of this Article operating in each Member State’s territory achieve, without prejudice to Article 8(8) and (9), their cumulative end-use energy savings requirement as set out in Article 8(1). Where applicable, Member States may decide that obligated parties fulfil those savings, in whole or in part, as a contribution to the national energy efficiency fund in accordance with Article 30(14).

2. Where Member States decide to fulfil their obligations to achieve the amount of savings required under Article 8(1) by way of an energy efficiency obligation scheme, they may appoint an implementing public authority to administer the scheme.

3. Member States shall designate, on the basis of objective and non-discriminatory criteria, obligated parties among transmission system operators, distribution system operators, energy distributors, retail energy sales companies and transport fuel distributors or transport fuel retailers operating in their territory. The amount of energy savings needed to fulfil the obligation shall be achieved by the obligated parties among final customers, designated by the Member State, independently of the calculation made pursuant to Article 8(1) or, if Member States so decide, through certified savings stemming from other parties as set out in paragraph 11, point (a), of this Article.

4. Where retail energy sales companies are designated as obligated parties under paragraph 3, Member States shall ensure that, in fulfilling their obligation, retail energy sales companies do not create any barriers that impede consumers from switching from one supplier to another.

5. Member States may require obligated parties to achieve a share of their energy savings obligation among people affected by energy poverty, vulnerable customers, people in low-income households and, where applicable, people living in social housing. Member States may also require obligated parties to achieve energy cost reduction targets, provided that they result in end use energy savings and are calculated in accordance with Annex V, and to achieve energy savings by promoting energy efficiency improvement measures, including financial support measures mitigating carbon price effects on SMEs and microenterprises.

6. Member States may require obligated parties to work with social services, regional authorities, local authorities or municipalities to promote energy efficiency improvement measures among people affected by energy poverty, vulnerable customers, people in low-income households and, where applicable, people living in social housing. This includes identifying and addressing the specific needs of particular groups at risk of energy poverty or more susceptible to its effects. To protect people affected by energy poverty, vulnerable customers and, where applicable, people living in social housing, Member States shall encourage obligated parties to carry out actions such as renovation of buildings, including social housing, replacement of appliances, financial support and incentives for energy efficiency improvement measures in accordance with national financing and support schemes, or energy audits. Member States shall ensure the eligibility of measures for individual units located in multi-apartment buildings.

7. When applying paragraphs 5 and 6, Member States shall require obligated parties to report on an annual basis on the energy savings achieved by the obligated parties from actions promoted among people affected by energy poverty, vulnerable customers, people in low-income households and, where applicable, people living in social housing, and shall require aggregated statistical information on their final customers, identifying changes in energy savings when compared to previously submitted information, and regarding technical and financial support provided.

8. Member States shall express the amount of energy savings required of each obligated party in terms of either primary energy consumption or final energy consumption. The method chosen to express the amount of energy savings required shall also be used to calculate the savings claimed by obligated parties. When converting the amount of energy savings, the net calorific values set out in Annex VI of Commission Implementing Regulation (EU) 2018/2066 and the primary energy factor pursuant to Article 31 shall apply unless the use of other conversion factors can be justified.

9. Member States shall establish measurement, control and verification systems for carrying out documented verification on at least a statistically significant proportion and representative sample of the energy efficiency improvement measures put in place by the obligated parties. The measurement, control and verification shall be carried out independently of the obligated parties. Where an entity is an obligated party under a national energy efficiency obligation scheme under Article 9 and under the EU ETS for buildings and road transport in accordance with Directive 2003/87/EC, the monitoring and verification system shall ensure that the carbon price passed through when releasing fuel for consumption in accordance with Directive 2003/87/EC shall be taken into account in the calculation and reporting of energy savings of the entity’s energy saving measures.

10. Member States shall inform the Commission, as part of the integrated national energy and climate progress reports submitted pursuant to Article 17 of Regulation (EU) 2018/1999, on the measurement, control and verification systems put in place, including the methods used, the issues identified and how those issues were addressed.

11. Within the energy efficiency obligation scheme, Member States may authorise obligated parties to carry out the following:

(a) count towards their obligation certified energy savings achieved by energy service providers or other third parties, including when obligated parties promote measures through other State-approved bodies or through public authorities that may involve formal partnerships and may be in combination with other sources of finance;

(b) count savings obtained in a given year as if they had instead been obtained in any of the four previous or three following years as long as this is not beyond the end of the obligation periods set out in Article 8(1). Where Member States so authorise, they shall ensure that the certification of energy savings referred to in point (a) of the first subparagraph follows an approval process that is put in place in the Member States, that is clear, transparent, and open to all market participants, and that aims to minimise the costs of certification. Member States shall assess and, if appropriate, take measures to minimise the impact of the direct and indirect costs of energy efficiency obligation schemes on the competitiveness of energy-intensive industries exposed to international competition.

12. Member States shall, on an annual basis, publish the energy savings achieved by each obligated party, or each sub-category of obligated party, and in total under the scheme.