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Energy Audit

Energy efficiency bar with magnifying glass Source: © Fotolia.com/guukaa

Germany and the European Union have set themselves ambitious goals to improve energy efficiency. In order to contribute to achieving the European energy savings target, Energy Efficiency Directive 2012/27/EU was adopted and came into force on 4 December 2012.

The Energy Efficiency Directive contains numerous measures, which Member States are required to implement. This includes Article 8 paragraph. 4 – 7, which provides that all Member States must require companies that are not Small and Medium-sized Enterprises (SMEs) to conduct energy audits.

The Federal Office for Economic Affairs and Export Control (BAFA) has the duty to check the implementation of the energy audits in companies that are not Small and Medium-sized Enterprises.

One of the measures implemented in order to transpose the EU Energy Efficieny Directive into national law was an amendment of the Law on Energy Services and other Energy Efficiency Measures ("Energiedienstleistungsgesetz").

The amendments came into force on 22 April 2015. The implementation of this measure is also part of the National Action Plan for Energy Efficieny ("Nationaler Aktionsplan Energieeffizienz") and contributes towards national and EU-wide energy and climate protection objectives.

These guidelines are aimed at simplifying the application of the Law for companies. Companies remain solely responsible for determining whether they fall under its scope of application. The final objective of these guidelines is not to provide a conclusive or binding answer to all possible questions arising from the application of the law.

Key provisions of the amended EDL-G

§§ 8 – 8 d of "Energiedienstleistungsgesetz" provide that all companies which are not a Small or Medium-sized Enterprise (SME) as defined by the Commission's Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124 of 20 May 2003, p. 36), are required to conduct their first energy audit by 5 December 2015, and at least once every four years from the date of the first audit.

Under § 8 c "Energiedienstleistungsgesetz", BAFA is required to conduct sample checks on the energy audits. To this end, the companies concerned will given an reasonable deadline to provide evidence of having performed an energy audit, or that they are exempt from this obligation. Should companies which are SMEs be asked to provide evidence of an energy audit, then they must provide a self-declaration stating that they are not required to perfom an energy audit.

If a company has a duty to perform an energy audit, but does not perform it, performs it incorrectly, incompletely or not on time, then it can be asked to pay a fine of up to Euro 50,000. Fines may also be imposed on a company falsely claiming to be an SME.

In addition, in compliance with § 7 paragraph 3 "Energiedienstleistungsgesetz", the Federal Office for Economic Affairs and Export Control (BAFA) keeps a public directory (Directory of Energy Auditors), listing persons who are professionally qualified to perform audits under § 8 "Energiediensleistungsgesetz". In order to be included in this directory, energy auditors must provide evidence to BAFA of the necessary expertise and reliability. Alternatively, energy auditors can provide evidence of expertise and reliability when requested to do so by BAFA, by handing in the relevant documentation. The regulations relating to requirements and qualifications for persons performind energy audits are outlined in a separate leaflet.

Informations on the Subject

Contact

  • Energy AuditFederal Office for Economic Affairs and Export ControlDivision 526 – Energy Audit, Cross-sectional Technologies Frankfurter Straße 29 – 35 65760 Eschborn Germany Phone: +49 (0)6196 908-1245ReachabilityMonday to Thursday: 08:30 a. m. – 04:00 p. m.
    Friday: 08:30 a. m. – 03:00 p. m.
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