Energy Audit Legal Requirements

To access the monitoring template, follow these steps: The Quickstart is an available resource that helps users understand the process of using and submitting the monitoring template. The audit must in all cases be carried out in accordance with the standard NF EN 16247-1 as well as the specific standards NF EN 16247-2 Buildings, NF 16247-3 Processes and NF EN 16247-4 Transport. Member States had to implement these energy audit obligations by 5 June 2014. However, implementation is at very different stages and many have missed this deadline. In some states, the requirements have still not been implemented. The European Commission is monitoring the situation. In 2014, the Commission took legal action against all but one Member State, including for incomplete or inadequate transposition of EED requirements. Further measures were taken against some Member States in February and April this year. There is concern that Member States that have not yet implemented EED requirements, or that have not done so satisfactorily in the Commission`s view, may precipitate new or changing legislation and policies. This could lead to virtually impractical systems, confusion about qualification and compliance criteria, or the imposition of strict requirements on qualified companies with little notice.

It should be noted that the Treed contains no obligation to actually carry out the selected measures. Finally, the law only provides for the obligation to carry out an energy audit. This means that the control and enforcement of the effective implementation of energy-saving measures is not carried out on the basis of the law itself, but on the basis of Article 2.15 of the Decree on Activities (Environmental Management) [Activiteitenbesluit milieubeheer]. However, some companies are exempt from regulatory audits: those that have obtained ISO 50001 certification. The implementation of ISO 50001 certification for the entire perimeter of the company can both anticipate the obligation to carry out audits and implement a more sustainable energy and environmental solution. EED was formally transposed into the Greek legal framework by Law 4342/2015. The law provides a framework for the promotion of energy efficiency measures and establishes the institutional framework for carrying out energy audits. In accordance with Article 14 of the Act, energy audits serve to identify potential energy efficiency measures and are applied independently of all end-users, including domestic, commercial and small industrial customers. *An “FA” file refers to a financial audit and a “PA” file refers to a non-financial audit (e.g. compliance checks or tax audits).

Article 8 EED requires Member States to introduce a programme of regular energy assessments or `audits` for large (non-SME) companies by 5 December 2015 (and every four years thereafter). Companies established in more than one Member State must therefore understand how this aspect of EED is applied in each Member State and plan accordingly. Legal requirements for the collection and disclosure of energy audit data are expected to increase. The ASTM BEPA standard is expected to go a long way towards solving the consistency, auditability and reporting of energy audit data. However, it will be important for building owners and operators, as well as their advisors, to be aware of these new laws and best practices in the real estate sector. It should be noted that a company may be exempted from the energy audit obligation under certain conditions. One of the exceptions that we currently consider relevant is set out in Article 3 of the Treed. The undertaking shall operate an energy management system as defined in point (11) of Article 2 of the EED, certified in accordance with European or international standards and including an energy audit that meets the minimum criteria set out in Annex VI to the Directive. Designed to support this process, this expert guide provides a simple overview of the following key aspects of energy assessment in 18 Member States: In Washington, D.C., the Clean and Affordable Energy Act of 2008 requires portfolio managers` benchmarks for commercial buildings to be reported on a public website of the county Department of Environment.

[6] Seattle requires owners of non-residential and multi-family homes to measure energy efficiency benchmarks annually and submit them to the city. [7] Data must be shared with existing tenants upon request, but there is no disclosure obligation in transactions. On February 10, 2011, San Francisco issued an ordinance requiring building owners and managers to submit annual comparative data on portfolio managers and the results of a commercial energy audit every five years. The City will publish annual benchmarking data and audit results. [8] In Austin, Texas, commercial building owners and managers must evaluate their buildings using Portfolio Manager or the Austin Energy Business Energy Analysis Energy Analysis Rating Tool for buildings not covered by Portfolio Manager and submit ratings to the municipal power plant. [9] Persons conducting energy and post-commissioning audits may NOT be personnel of the building being inspected or re-ordered. The DAA`s examination staff is divided into four audit branches, each assigned to specific business lines and audit coverage areas. The audit branches are organized as follows: electrical (formula sets), electrical (other financial topics), energy markets, and oil and gas. This organization allows audit departments to maintain a high level of expertise on the industries and topics they audit, thereby maximizing efficiency and effectiveness in each area of audit coverage.

For the energy audit, an “audit report” must be prepared. Section 2a of the Treed sets out the minimum information to be included in this report. This includes, for example, a systematic overview of all existing energy flows (processes, plants, buildings and transport), an overview of the total energy consumption measured by the company for the last financial year, other consumption data and a description of all possible cost-effective energy saving options. The audit report must be submitted to the Minister of Economy and Climate Action within four weeks of its preparation. The Minister then sends a copy of the reports that meet the requirements to the competent authority responsible for supervising the establishments owned by the company. The mandatory energy audit is governed by French law. It must be carried out by an accredited service provider. The auditor is certified by an accredited body. An internal auditor of the client company may carry out the audit, provided that he has the same level of qualification and fulfils certain conditions of impartiality.

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