Thereenergy diagnosisismandatoryonly for large companies and for all energy-intensive companies called to appeal by the law.
On the subject ofenergy efficiency, the Legislative Decree 102/2014, which implemented the Directive 2012/27 / EU established a regimeobligatory of energetic diagnosisfor all large companies and energy-intensive companies. To be clearer, here is the list of companies for which the energy audit is mandatory:
- Big business
-Companies with more than 250 employees.
-Companies with a turnover greater than 50 million euros.
-Companies with a budget greater than 43 million euros.
- Energy-intensive companies
-Companies that use at least 2.4 GWh of electricity or energy other than electricity.
-Companies with an effective cost of energy equal to or greater than 3% of turnover.
For "energy-intensive companies" we refer to all those registered in theList of the Equalization fundfor two years before the energy audit was mandatory. Therefore, registered in the list of the Equalization Fund relating to 2013 for obliged companies in 2015, registered in 2014 for obliged companies in 2016 ... and so on.
The obligation does not apply to Public Administrations.
"The companies with high energy consumption (or energy consuming) subject to the obligation of energy audits, pursuant to Article 8, paragraph 3, are the companies registered in the annual list established at the CassaAdjustment for the electricity sector pursuant to the interministerial decree of 5 April 2013 ″. For further information, the reference legislation is Article 8 of Legislative Decree No. 102 of 2014.
Mandatory Energy Diagnosis, the deadline
Data relating to mandatory energy auditmust be sent to ENEA no later than 22 December.
Companies subject to the obligation will have to carry out the energy diagnosisof its plants by 5 December.
The mandatory energy audits they must be submitted every four years.
Who can perform the energy diagnosis?
Until July 19, 2016, energy audits can be conducted by all energy service companies, energy management experts or energy auditors even if these operators do not have accreditation. Starting from 20 July 2016, the energy audit can be performed only and exclusively by subjects certified by accredited bodies as regulated in Article 8, paragraph 2 of Legislative Decree 102/2014.
Compulsory energy audit, data communication to ENEA
Who must communicate the data relating to theenergy diagnosis?
According to the law, it is not the operator who performs the data communicationenergy analysis, but the legal representative of the company subject to the obligation.
The data collected with theenergy diagnosismust be sent to ENEA by e-mail, to the specific address "[email protected] ". At a later time, companies subject to the obligation of energy audits will be able to submit the data via a web platform specially set up by ENEA itself.
What happens if the company does not transmit the data to ENEA and does not comply with the energy audit obligation?
Companies subject to the obligation that do not carry out the energy audit within the deadline fixed will face a fine of a pecuniary nature as established by Article 16, paragraph 1 of Legislative Decree 102/2014. The fined company will still have to undergo the obligation of the energy audit and communicate the analysis to ENEA within six months of the fine itself.
Businesses that don't run theenergy diagnosiswill be punished with fines from 4,000 to 40,000 euros. It is important to remember that they are foreseenfinesalso for companies that run theenergy diagnosisbut not in accordance with the provisions of Article 8, paragraph 1. In this case, the fine ranges from 2,000 to 20,000 euros.
According to data received from ENEA, 106 companies have so far complied with the obligation of energy audits. Most of these are industries with a preponderance of companies operating in the plastic materials sector, in the food and paper sectors. From 20 July 2016, the energy audit is considered suitable if conducted by authorized energy service companies, certified energy auditors or by ISPRA.