LEGAL FLASH
I
PUBLIC LAW – ENERGY GROUP
February 2016
ROYAL DECREE 56/2016, OF FEBRUARY 12, TRANSPOSING DIRECTIVE
2012/27/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF
OCTOBER 25, 2012, ON ENERGY EFFICIENCY, AS REGARDS ENERGY
AUDITS, ACCREDITATION OF SERVICE SUPPLIERS AND ENERGY AUDITORS,
AND THE PROMOTION OF EFFICIENCY IN THE SUPPLY OF ENERGY
CONTENTS
INTRODUCTION. THE OBLIGATI ON TO C ARRY OUT ENERGY AUDI TS
1
SCOPE OF APPLICATI ON OF THE OBLIGATI ON TO CARRY OUT
ENERGY AUDITS
1
SCOPE OF THE OBLIGATI ON
DEADLINES FOR COMPLYING WI TH THE OBLIGATI ON
OTHER AMENDMENTS INTRODUCED BY RD 56/2016
1
2
3
INTRODUCTION. THE OBLIGATION TO CARRY OUT ENERGY AUDITS
On February 13, 2016, Royal Decree 56/2016, of February 12, was published in the
Official Gazette of the Spanish State (“BOE”), partially transposing Directive 2012/27/EU
of the European Parliament and of the Council of October 25, 2012, on energy efficiency,
as regards energy audits, the accreditation of service suppliers and energy auditors, and
the promotion of efficiency in the supply of energy (“RD 56/2016” - Link: RD 56/2016).
The new regulation, in line with the actions for encouraging and promoting energy
efficiency within the European Union established under the Directive, sets forth the
obligation for large-scale enterprises and groups of companies to carry out
energy audits, in the terms provided in RD 56/2016, as a measure for organizations
to know their situation as regards energy use, and to contribute to the saving and efficiency
of the energy consumed.
Under the Seventh Final Provision, RD 56/2016 came into force on February 14, 2006.
SCOPE OF APPLICATION OF THE OBLIGATION TO CARRY OUT ENERGY AUDITS
The obligation established in RD 56/2016 to carry out energy audits is applicable to:
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Large-scale enterprises, meaning those with over 250 employees, and those
that, while not meeting this requirement, have a turnover exceeding €50 million
and a general balance sheet exceeding €43 million.
-
The obligation also applies to groups of companies (defined in accordance with
the provisions of art. 42 of the Commercial Code) that, taking into account the
aggregate figures of all the companies comprising the consolidated group, meet
the requirements of large-scale enterprises.
Micro and small- and medium-sized enterprises (SMEs) are exempt from this obligation.
SCOPE OF THE OBLIGATION
The energy audits to be carried out by large-scale enterprises and groups of companies
included within the scope of RD 56/2016 must cover at least 85% of the total energy
consumption of all their facilities located in Spain that are involved in the industrial,
commercial and service activities that these enterprises and groups carry out to conduct
their business. They must perform these audits at least every four years from the date
of the previous energy audit.
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The energy audit may be replaced by implementing an energy or environmental
management system certified by an independent body, pursuant to the applicable
European or international regulations, provided it includes an energy audit carried out
under the minimum guidelines specified in RD 56/2016. Enterprises or groups of companies
holding a valid energy efficiency certificate —obtained in accordance with RD 235/2013, of
April 5, approving the basic procedure for certifying the energy efficiency of buildings—
can include it in the energy audit in relation to the building it covers, provided it contains
recommendations on improving the optimum or profitable levels of energy efficiency under
the guidelines of RD 56/2016.
Energy audits must be performed by qualified energy auditors. An enterprise’s energy
audit may be carried out by its own qualified technicians, provided they are not directly
related to the audited activities and they belong to an internal control department of the
enterprise.
Noncompliance with this obligation will be penalized according to the provisions of
articles 80 and 82 of Act 18/2014, of October 15, approving urgent measures for growth,
competitiveness and efficiency, under which the failure to perform an energy audit within
the period provided by law or regulations will be considered a very serious infringement.
Under RD 56/2016, the obligation to fulfill this requirement will be subject to inspection
by the competent authorities in matters of energy efficiency of the autonomous region or
the cities of Ceuta and Melilla, which will carry out yearly inspections on a random selection
of at least a statistically significant percentage of the energy audits performed in each
period.
An Administrative Energy Audit Register will be created in the Ministry of Industry,
Energy and Tourism, public and free of charge, to record the information notified by largescale enterprises under the scope of RD 56/2016 and any information other companies
provide voluntarily on the audits carried out.
DEADLINES FOR COMPLYING WITH THE OBLIGATION
Enterprises included within the scope of RD 56/2016 have nine months from its coming
into force to perform the energy audits.
Audits performed after December 5, 2012, the date when the Community Directive came
into force, will be considered valid, provided they meet the requirements established by
RD 56/2016.
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OTHER AMENDMENTS INTRODUCED BY RD 56/2016
RD 56/2016 establishes other new aspects summarized below:
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It establishes the requirements for carrying out the professional activity of energy
service suppliers and energy auditors, and the requirements for accrediting
qualifications.
-
It regulates the assessment of the potential for high-efficiency cogeneration and of
urban heating and cooling systems.
-
It
amends
RD
1955/2000,
of
December
1,
regulating
transportation,
distribution, retailing and supply activities, and authorization procedures for
electrical power stations, and establishes new authorization criteria for thermal
power stations whose thermal power is greater than 20 MW to generate electricity
or for their substantial renewal, including the obligation of the administrative
authorization applicant to submit a cost-benefit analysis to adapt the planned
facility to high-efficiency cogeneration.
-
It amends RD 616/2007, of May 11, on the fostering cogeneration, in relation
to the determining the efficiency of cogeneration.
-
It amends RD 1027/2007, of July 20, approving the Regulations on Thermal
Installations in Buildings, in relation to the technical instructions established in its
annex.
© 2016 CUATRECASAS, GONÇALVES PEREIRA. All rights reserved.
This document is a compilation of information prepared by CUATRECASAS, GONÇALVES PEREIRA the aim of which
is strictly for informative purposes. Consequently, the information and comments included herein do not constitute
legal advice.
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type of use, in its entirety or in part, without the prior express authorization of Cuatrecasas, Gonçalves Pereira.
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