Energy management systems and energy audits
Article 11
1. Member States shall ensure that enterprises with an average annual consumption higher than 85 TJ of energy over the previous three years, taking all energy carriers together, implement an energy management system. The energy management system shall be certified by an independent body, in accordance with the relevant European or international standards. Member States shall ensure that the enterprises referred to in the first subparagraph have an energy management system in place at the latest by 11 October 2027. 2. Member States shall ensure that enterprises with an average annual consumption higher than 10 TJ of energy over the previous three years, taking all energy carriers together, which do not implement an energy management system are subject to an energy audit. Such energy audits shall be either: (a) carried out in an independent and cost-effective manner by qualified or accredited experts, in accordance with Article 28; or (b) implemented and supervised by independent authorities under national legislation. Member States shall ensure that the enterprises referred to in the first subparagraph carry out a first energy audit by 11 October 2026 and that subsequent energy audits are carried out at least every four years. Where such enterprises already carry out energy audits in accordance with the first subparagraph, they shall continue to do so at least every four years in accordance with this Directive. The enterprises concerned shall draw up a concrete and feasible Action Plan on the basis of the recommendations arising from those energy audits. The Action Plan shall identify measures to implement each audit recommendation, where it is technically or economically feasible. The Action Plan shall be submitted to the management of the enterprise. Member States shall ensure that the Action Plans and the recommendation implementation rate are published in the enterprise’s annual report, and that they are made publicly available, subject to Union and national law protecting trade and business secrets and confidentiality. 3. Where, in any given year, an enterprise as referred to in paragraph 1 has an annual consumption of more than 85 TJ and where an enterprise as referred to in paragraph 2 has an annual consumption of more than 10 TJ, Member States shall ensure that that information is made available to the national authorities responsible for implementation of this Article. For that purpose, Member States may promote the use of a new or an existing platform to facilitate the collection of the required data at national level. 4. Member States may encourage the enterprises referred to in paragraphs 1 and 2 to provide information in their annual report about their annual energy consumption in kWh, their annual volume of water consumption in cubic metres and a comparison of their energy and water consumption with previous years. 5. Member States shall promote the availability to all final customers of high quality energy audits which are cost-effective and are: (a) carried out in an independent manner by qualified or accredited experts in accordance with qualification criteria; or (b) implemented and supervised by independent authorities under national legislation. The energy audits referred to in the first subparagraph may be carried out by in-house experts or energy auditors, provided that the Member State concerned has put in place a scheme to ensure their quality, including, if appropriate, an annual random selection of at least a statistically significant percentage of all the energy audits carried out by such in-house experts or energy auditors. For the purpose of ensuring the high quality of the energy audits and energy management systems, Member States shall establish transparent and non-discriminatory minimum criteria for energy audits in accordance with Annex VI and taking into consideration relevant European or international standards. Member States shall designate a competent authority or body to ensure that the timelines for conducting energy audits set out in paragraph 2 of this Article are complied with and the minimum criteria set out in Annex VI are correctly applied. Energy audits shall not include clauses preventing the findings of the audit from being transferred to any qualified or accredited energy service provider, provided that the customer does not object. 6. Member States shall develop programmes with the aim of encouraging and providing technical support to SMEs that are not subject to paragraph 1 or 2 to undergo energy audits and to subsequently implement the recommendations arising from those audits. On the basis of transparent and non-discriminatory criteria and without prejudice to Union State aid law, Member States may set up mechanisms, such as energy audit centres for SMEs and microenterprises, provided that such mechanisms do not compete with private auditors, to provide energy audits. They may also provide other support schemes for SMEs, including where such SMEs have concluded voluntary agreements, to cover the costs of energy audits and of the implementation of highly cost-effective recommendations arising from the energy audits, if the measures proposed in those recommendations are implemented. 7. Member States shall ensure that the programmes referred to in paragraph 6 include support to SMEs in quantifying the multiple benefits of energy efficiency measures within their operation, in the development of energy efficiency roadmaps and in the development of energy efficiency networks for SMEs, facilitated by independent experts. Member States shall bring to the attention of SMEs, including through their respective representative intermediary organisations, concrete examples of how energy management systems could help their businesses. The Commission shall assist Member States by supporting the exchange of best practices in this domain. 8. Member States shall develop programmes to encourage enterprises that are not SMEs and that are not subject to paragraph 1 or 2 to undergo energy audits and to subsequently implement the recommendations arising from those audits. 9. Energy audits shall be considered to comply with paragraph 2 where they are: (a) carried out in an independent manner, on the basis of the minimum criteria set out in Annex VI; (b) implemented under voluntary agreements concluded between organisations of stakeholders and a body appointed and supervised by the Member State concerned, by another body to which the competent authorities have delegated the responsibility concerned or by the Commission. Access of market participants offering energy services shall be based on transparent and non-discriminatory criteria. 10. Enterprises that implement an energy performance contract shall be exempt from the requirements laid down in paragraphs 1 and 2 of this Article, provided that the energy performance contract covers the necessary elements of the energy management system and that the contract complies with the requirements set out in Annex XV. 11. Enterprises that implement an environmental management system, certified by an independent body in accordance with the relevant European or international standards, shall be exempt from the requirements laid down in paragraphs 1 and 2 of this Article, provided that the environmental management system concerned includes an energy audit on the basis of the minimum criteria set out in Annex VI. 12. Energy audits may stand alone or be part of a broader environmental audit. Member States may require an assessment of the technical and economic feasibility of connection to an existing or planned district heating or cooling network to be part of the energy audit. Without prejudice to Union State aid law, Member States may implement incentives and support schemes for the implementation of recommendations arising from energy audits and similar measures.