Each company, irrespective of its legal form, must carry out an energy audit by 10 December 2016 at the latest and then every 4 years.
Energy audits have to be carried out by natural or legal persons who have been accredited by the Minister of the Economy.This obligation does not apply to small and medium-sized businesses (SME).
Each legal person, whatever the legal form of company, with an economic activity is required to carry out an energy audit.
- small and medium-sized businesses (SME);
- businesses implementing an environmental or energy management system, certified by an accreditation body who is a signatory to the European accreditation multilateral agreement (EA MLA) established by the European Co-operation for accreditation, provided that the management system concerned has foreseen an energy audit which is to be carried out in accordance with minimum criteria that must be equivalent to those provided for by law.
Businesses with an energy consumption below 100 MWh can carry out a simplified audit which takes into account the cost-efficiency ratio of the audit.
Energy audits must be completed by 10 December 2016 at the latest and then at least every 4 years.The audit only needs to be presented to the Minister of the Economy in the case of an inspection and upon specific request by the Minister.
Energy audits must be carried out by persons who have been accredited by the Ministry of the Economy and have to:
- be based on measured and traceable updated operational data on the energy consumption and, concerning electricity, on the load profiles;
- contain a detailed assessment of the energy consumption of buildings or groups of buildings, as well as industrial operations or installations, particularly in the transport sector;
- be based on an analysis of the life-cycle cost instead of on simple amortization periods in order to take into account long-term cost-savings, the residual value of long-term investments and discount rates;
- be in proportion and sufficiently representative to give a reliable picture of the overall energy performance and to effectively inventory the most significant opportunities for improvement.
As an exception, energy audits can be carried out by internal experts or energy auditors who meet the required conditions for accreditation to carry out energy audits. Internal auditors do not have to be accredited by the Minister of the Economy.
In this case, the internal expert or auditor must, within the framework of his/her daily occupation in the business, be far removed from the audited activity and be fully independent and benefit from freedom of action within the framework of his/her activity.
List of accredited auditors
The Ministry of the Economy publishes the list of accredited auditors.
If no energy audit is carried out or if the realisation of the audit was not in conformity, the possible sanctions are an imprisonment from 8 days to 6 months and/or a fine of EUR 251 to 25,000.