On 13 February 2016 the Spanish Official Gazette (BOE) published the Royal Decree 56/2016 transposing Directive 2012/27/UE of the European Parliament and the Council, of 25 October 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 (hereinafter, “Royal Decree 56/2016).
Said regulation should be included in the objectives of the European Union for increasing energy efficiency by 20 per cent by the year 2020, which at the moment is far from being reached.
In the implementation of Royal Decree 56/2016, large companies must carry out audits from now on in order to improve their energy consumption. Moreover, minimum requirements are established for professionals, both auditors and energy service suppliers. Finally, the aim is to promote energy efficiency in production processes and in the usage of heating and cooling.
1. Energy audits
Enterprises not considered PYMES now have the obligation to carry out energy audits every four years.
It is calculated that this measure will apply to some 3,800 enterprises in Spain, with approximately 27,000 establishments and premises.
2. Energy auditors
One of the focal points of the new Royal Decree are the conditions to be met by the figure of the Energy Auditor, which is regulated under Chapter III of Royal Decree 56/2016. Energy auditors must accredit their qualification regarding energy through either a university degree or vocational training or by certifying his or her professional skills, both theoretical and practical. Furthermore, energy suppliers must obtain a civil liability insurance.
A list of authorised energy service suppliers shall be made available at the electronic headquarters of the Institute for Energy Diversification and Saving (IDAE) .
3. Regulating cogeneration
Royal Decree 56/2016 likewise controls the assessment of the potential for high-efficiency cogeneration and urban heating and cooling systems, with a view to providing information for investors regarding national plans on development and contributing to a stable and conducive environment for investments.
4. Deadline
After the entry into force of Royal Decree 56/2016, those enterprises that, for at least two consecutive years fulfil the condition of large companies, should undergo a first energy audit within nine months, unless an audit has already been carried out during the previous four years.
5. Penalty system
Noncompliance of the precepts contained in the Royal Decree shall be penalised according to the provisions of articles 80 and 82 of Act 18/2014, of 15 October, approving urgent measures for growth, competitiveness and efficiency.
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26th February 2016
