FAQs ON THE IMPLICATIONS OF ROYAL DECREE 56/2016 ON ENERGY EFFICIENCY
An energy audit is a systematic procedure to obtain adequate knowledge of the existing energy consumption profile of a building, an industrial facility or a private or public service, identifying and quantifying cost-effective opportunities for energy savings and emissions reduction.
Who does RD 56/2016 apply to?
All large companies, regardless of their sector of activity, that for at least two consecutive financial years meet:
– Employees ≥ 250 people or
– Turnover > €50 million and total balance sheet > €43 million
Likewise, it will also apply to groups of companies, as defined in Article 42 of the Commercial Code, which, taking into account the aggregated figures of all the companies that make up the consolidated group, meet the aforementioned large-company requirements.
Micro-enterprises and small and medium-sized enterprises (SMEs) are excluded from the scope of application, in accordance with Title I of the Annex to Commission Recommendation 2003/361/EC of 6 May 2003 on the definition of micro, small and medium-sized enterprises.
- What is the deadline for compliance?
By 13 November 2016 (9 months from publication of RD 56/2016 in the BOE).
- What are the technical guidelines for energy audits?
Energy audits must comply with the following guidelines:
a) Be based on updated, measured and verifiable operational data on energy consumption and, in the case of electricity, on load profiles whenever available.
b) Include a detailed review of the energy consumption profile of buildings or groups of buildings, an industrial or commercial facility or operation, or a private or public service, including transport within the facilities or, where applicable, vehicle fleets.
c) Be based, wherever possible, on cost-effectiveness criteria in life-cycle cost analysis rather than on simple payback periods, in order to take into account long-term savings, residual values of long-term investments and discount rates.
d) Be proportionate and sufficiently representative so that a reliable picture of overall energy performance can be drawn, and the most significant improvement opportunities can be reliably identified.
- Companies with ISO 50001 management systems
The Royal Decree establishes that, for the purposes of justifying compliance with the obligation to carry out energy audits, the obliged companies or groups of companies may apply an energy or environmental management system, certified by an independent body in accordance with the corresponding European or international standards, provided that the management system in question includes an energy audit carried out in accordance with the minimum guidelines indicated in section 3.
Companies must take into account that the energy review required in clause 4.4.3 of the ISO 50001 Standard meets the criteria required in the Royal Decree.
- What about companies that do not own facilities?
The Royal Decree does not exempt facilities under rental arrangements; it requires an audit of facilities located in the national territory that form part of the industrial, commercial and service activities that these companies and groups manage in the course of their economic activity.
- How does it affect companies with multiple sites?
The energy audit must cover at least 85% of the total final energy consumption of all facilities located in the national territory that form part of the industrial, commercial and service activities that these companies and groups manage in the course of their economic activity.
In conclusion: it is not necessary to carry out an energy audit at all sites; it is sufficient to cover 85% of the energy consumption of the total consumed in the national territory.
- Are energy audits carried out previously considered valid?
Yes, energy audits carried out since 5 December 2012 are considered valid if they comply with the minimum guidelines. These audits must be repeated every 4 years from their date of completion.
- Who can carry out energy audits?
Energy audits must be carried out by duly qualified energy auditors, as established in Chapter III of the Royal Decree.
- Is it necessary to register energy audits with the public administration?
Yes, obliged companies must submit to the competent regional authority for energy efficiency where the facilities that were the subject of the energy audit are located, a notification, for which the model in Annex I of the Royal Decree may be used, within a maximum period of three months from when the said audit was carried out. - Differences between an energy audit and an ISO 50001 management system
An energy audit is a systematic procedure intended to obtain adequate knowledge of the existing energy consumption profile of a building or group of buildings, an industrial or commercial facility or operation, or a private or public service, as well as to determine and quantify cost-effective energy saving opportunities and report on them.
An Energy Management System is a set of interrelated or interacting elements belonging to a plan that establishes an energy efficiency objective and a strategy to achieve it.
We can summarise by saying that an energy audit is a study carried out at a given time with the aim of understanding how an organisation consumes energy and what its saving opportunities are, and it is the best starting point for implementing an energy management system.
On the other hand, an energy management system in accordance with the ISO 50001 Standard is a systematic approach derived from a commitment by the organisation’s Management to continuous improvement of energy performance, which, through compliance with the requirements established in the ISO 50001 Standard, seeks to ensure that this saving commitment is fulfilled.
There are also important differences in terms of the time required to carry out one option or the other, since an energy audit can be carried out, depending on the organisation, in a few weeks, and the time required to implement a system is always longer and may be a minimum of 4 months.
Another difference to consider lies in the parties involved and their level of involvement in each case. In an energy audit, the parties involved will be the audit team and the audited organisation, which must provide access to data and information. In the case of implementing an energy management system, the parties involved also include the possible consulting company and the certification body that will carry out the audit to obtain the certificate.
In addition, the organisation’s involvement in the case of implementing an energy management system is always much greater, as it involves not only identifying saving opportunities but also putting in place a systematic approach so that saving opportunities are continuously implemented.
Where is the penalty regime for non-compliance with these obligations to carry out energy audits already defined?
Royal Decree-Law 8/2014 of 4 July, approving urgent measures for growth, competitiveness and efficiency, establishes in Article 80 a range of infringements and in Article 82 the penalties for the classified infringements, which may reach €60,000.
