The European Commission is referring Poland and Austria to the EU Court of Justice for failing to enact the energy efficiency buildings legislation.

Under the Energy Performance of Buildings Directive, member states must establish and apply minimum energy performance requirements for all buildings, ensure the certification of buildings’ energy performance and regularly inspect heating and air conditioning systems. It also requires member states to ensure all new buildings are nearly zero-energy buildings by 2021.

The Directive had to be transposed into national law by July 2012.

Günther H. Oettinger, Vice-President of the Commission responsible for energy said: “Energy efficiency is important to decrease import dependency and boost security of supply. It is crucial that all Member States put in place the legislation necessary to speed up energy efficiency measures.”

The Commission is proposing a daily penalty of €96,720 for Poland and more than €36,500 for Austria.

The EU is aiming for a 20% cut in Europe’s annual primary energy usage by 2020.