Here are the clarifications on the subject of energy audit in companies published by the Ministry of Economic Development. In a circular dated May 2015, the explanations for the application of the provisions set out in Article 8 of Legislative Decree No. 102 of 4 July 2014 finally begin, which imposes the obligation to energy diagnosis for some types of companies.
In fact, on December 5, 2015 the deadline by which large companies and energy-intensive companies must perform the energy diagnosisbut in the absence of explanatory documents not much could be done.
The document published by the MISE, of which we outline a summary below, incorporates the contributions of ENEA and has been the subject of comparison with the main associations in the sector. The MISE itself points out that there may be updates in order to provide further clarifications to the questions that may arise during the implementation of art. 8 of Legislative Decree 102/2014.
D. When a company qualifies as 'large' for the purposes of applying the obligation of energy diagnosis?
A. The 'large enterprise' is the enterprise that employs at least 250 people, regardless of the extent of the other two criteria, or the enterprise which, even if it employs less than 250 people, has an annual turnover of more than 50 million euro and an annual budget total of more than 43 million euro. The reference standards are the Recommendation 2003/361 / EC and the Ministerial Decree of 18 April 2015 which acknowledges it.
D. When the company qualifies as energy-intensive enterprise?
R. Companies with a high consumption of energy (or energy-intensive) subject to the obligation of energy diagnosis are the companies registered in the annual list established at the Equalization Fund for the electricity sector pursuant to the interministerial decree of 5 April 2013.
Q. Are there cases of exemption from the obligation of energy audit?
It is exempted from the obligation to execute the energy diagnosis the energy-intensive company in the event that it adopts one of the voluntary management systems such as EMAS, ISO 50001, EN ISO 14001 provided that the aforementioned management system includes a energy audit made in compliance with dl 102/2014.
D. The obligation of energy diagnosis does it apply to public administrations?
R. No, the obligation does not apply to public administrations. Reconnaissance of the public administration is carried out annually by ISTAT with its own provision and published in the Official Gazette by 30 September in accordance with law no. 196 of 31 December 2009.
D. Object of the obligation to energy diagnosis is the production site, but what is meant by this definition?
A. A production site is a geographically defined location where a good and / or service is produced, within which the use of energy is under the control of the company.
D. Multisite companies subject to the obligation, on which and how many sites should they carry out the diagnosis?
A. Multisite companies subject to the obligation must carry out the energy diagnosis on a number of sites that are proportionate and sufficiently representative to allow a faithful picture of the energetic performanceoverall in the company and to reliably identify the most significant opportunities for improvement.
D. What are the subjects that can lead a energy audit in companies?
R. Until 19 July 2016, the energy diagnosis can be conducted by all the subjects listed in Article 8, paragraph 1 (energy service companies, energy management experts or energy auditors) even if they do not have certificates issued under accreditation. After that date, the diagnoses must be carried out by subjects certified by accredited bodies pursuant to art. 8 paragraph 2 of Legislative Decree 102/2014. With reference only to the voluntary EMAS scheme, the body responsible for carrying out the energy diagnosis is ISPRA.
D. What are the minimum requirements that the energy diagnosis must comply in order to fulfill the obligation?
R. The energy diagnosis must comply with the provisions of Annex 2 to Legislative Decree 102/2014. This requirement is complied with if the diagnosis complies with the minimum criteria contained in the UNI CEI EN 16247 technical standards parts 1 to 4. The energy diagnosis is completed with the identification of a virtuous path, in terms of energy efficiency interventions, such as to reduce energy needs.
D. For the purposes of the first fulfillment of the obligation to energy diagnosis, which period should be considered for the evaluation of energy consumption?
A. For the assessment of energy consumption, the calendar year preceding the nth year is considered, in which the subject is obliged.
D. What are the timelines for the execution of the energy diagnosis?
R. Pursuant to Article 8, paragraph 1, the energy diagnosis must be performed by 5 December of the nth year, starting from 2015.
D. By when the subsequent diagnoses must be submitted
A. Diagnoses subsequent to the first must be submitted after 4 years from the presentation of the previous one, in order to comply with the maximum interval of 4 years prescribed by the standard.
D. Who is the person responsible for the transmission of the data?
R. The person responsible for communicating the results of the energy diagnosis is the legal representative of the company subject to the obligation.
Q. Should the diagnosis performed under the EMAS, ISO 50001 or ENI ISO 14001 voluntary management system be communicated to ENEA?
A. The company that has adopted a voluntary management system is still required to notify ENEA of the outcome of the energy diagnosis conducted within the management system. Limited to the EMAS system only, the communication must also be made to ISPRA.
D. What sanctions are applied to non-compliant parties?
A. Large companies and companies with a high energy consumption that do not carry out the diagnosis referred to in Article 8, paragraphs 1 and 3, are subject to a fine of between 4,000 and 40,000 euros. When the energy diagnosis is not carried out in accordance with the requirements of Article 8, a pecuniary administrative sanction from € 2,000 to € 20,000 is applied. The sanction does not exempt from carrying out the diagnosis, which must in any case be communicated to ENEA.