Compulsory energy audits for large companies in Spain

In accordance with Royal Decree 56/2016 of 12 February 2016, transposing Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, large companies that, for at least two consecutive years, fulfil specific conditions (those that employ at least 250 people, and those that, without meeting the previous requirement, have a turnover of more than 50 million euros and a general balance exceeding 43 million euros) must submit to their first energy audit within 9 months after the Decree’s entry into force (February 14, 2016). Thus, these companies must have such an audit by November 15, 2016 and register it before February 14, 2017.

Similarly, the Decree will also apply to groups of companies that, taking into account the aggregate magnitudes of all the companies that make up the consolidated group, fulfil the aforementioned requirements of a large company.

Micro, 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-enterprises, small and medium businesses.

From the date of this first energy audit, large companies must undergo a new audit every four years.

These audits must be registered in the Administrative Register of Energy Audits of the Ministry of Industry, authorized for this purpose.

The audit should cover at least 85% of the total final energy consumption of all the facilities located in the national territory that are part of the industrial, commercial and service activities that these companies and groups manage in the development of their economic activity. Total energy consumption means the sum in kWh of the invoices of all the supplies of the headquarters and delegations of the business group in Spain, including the fuel of the company’s fleet of vehicles.

A random inspection system will be carried out to ensure and verify the quality of energy audits. This inspection will be carried out by the competent body of the autonomous community.

Sanctioning regime

There is a penalty regime for large companies that do not perform the energy audit within the time limit. The sanctions can range from 30,000 to 60,000 euros, and can reach up to 100,000 euros.

Those audits that have been implemented since December 5, 2012, the date of entry into force of the Directive, will be considered valid, provided that the established requirements are met.

This article is not considered as legal advice

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