Publication of Royal Decree 56/2016 on energy audits

With a delay of almost a year and a half on the time limit established by Brussels for the transposition of Directive 2012/27/EU into national law, which was set for June 5, 2014, Royal Decree 56/2016 transposing into Spanish law Directive 2012/27/EU on energy audits, accreditation of providers of energy services, energy audits and the promotion of efficiency in energy supply has finally been published.

According to article 8 of the Royal Decree, large companies and corporate groupsmust perform an energy audit every four years from the date of the previous energy audit, which must cover, at least, 85% of the total final energy consumption of all the facilities located in Spain that form part of the industrial, commercial and services activities managed by those companies and groups in the pursuit of their economic activities. Pursuant to article 2 of the Royal Decree, large companies are (i) companies with at least 250 employees or (ii) with a business volume of over €50 million and a balance sheet in excess of €43 million.

In order to justify compliance with the above obligations, companies or corporate groups have two options: (i) to carry out an energy audit, or (ii) to implement an energy or environmental management system, certified by an independent body according to the relevant European or international standards, provided that the management system includes an energy audit. In both cases the energy audit must comply with the minimum requirements established in section 3 of the Royal Decree.

Companies that have to undergo an energy audit, must do so within 9 months from the entry into force of the Royal Decree (February 14, 2016).

According to the explanatory report of the Royal Decree, dated February 3, 2015, almost 3,800 companies are affected in Spain, and these include over 27,000 premises. Compliance with the obligation to carry out an energy audit according to the requirements that have been laid down, within the time period established and at a reasonable cost, is a challenge for large Spanish companies and especially for businesses with a large number of facilities or premises.

We are at our clients’ disposal to help them comply with this obligation at the least possible expense and with the greatest return in energy savings.