ENERGY AUDIT – ex art. 8 Decree 102/2014

The parties responsible for the execution of energy audits in accordance with art . 8 of Decree 102/2014 are:

  • The Big Business
  • The energy-intensive businesses

All businesses that do not qualify under the SME Ministerial Decree of April 18, 2005 , are considered large enterprises and as such subject to the diagnosis referred to in Article 8 of Legislative Decree no . 102/2014.

A company is a great company if :

  • Number of employees ≥250


  • Annual turnover > 50 million euro


  • Annual budget > 43 million euro.

The energy-intensive businesses subject to the energy audit , companies are benefiting from incentives for energy-intensive , energy-intensive in the decree DM April 5, 2013.

The Great Company is subject to the obligation of diagnosis before 5 December of the n -th , as of 2015, only if the condition of large enterprise has occurred for two consecutive financial years preceding that year , from the date closure of the accounts , or in the years n – 1 and n – 2.

Is bound to the execution of energy audit by 5 December of year n -th , as from 2015, the energy-consuming enterprise that has benefited from incentives for energy-intensive for the year n – 2.

Every company has to check every year its membership to the categories required in order to fulfill the obligation of energy audits by 5dicembre of the current year .

For “ production site ” means a geographically defined in which is produced a fine and / or provided a service.

If a company has several production sites must be diagnosed a percentage of the same sites , according to the energy consumption associated with them. You can refer to a hypothesis ENEA clustering , provided presented in time to be considered and eventually approved. For large transport companies , the ” virtual site ” consumption of the traction is still subject to diagnosis.

Until 19 July 2016, energy audits may be carried out by energy service companies ( Energy Service Company, ESCO) , Expert in Energy Management ( EGE ) or energy auditor , although not in possession of certificates issued under accreditation. From the date indicated, the diagnosis should be made by individuals certified by accredited bodies . In particular Esco must be certified according to the UNI CEI 11352 and the energy manager according to the UNI CEI 11339.

The energy audit must conform to the dictates of Schedule 2 to the decree legislativo102 / 2014. This requirement is met if the diagnosis is in compliance with the minimum criteria contained in the technical standards UNI CEI EN16247 parts 1 to 4, and still respects the signs that will be provided by ENEA.

For the fulfillment of the obligation under Article 8 of D.Lgs.102 / 2014, the term “diagnosis” and “audit” are considered synonymous.

Near to the district heating and CAR

The company has to make a diagnosis that contains a technical and economic evaluation and environmental on the use of cogenerated heat or the connection to the local district heating, if the plants for high efficiency cogeneration and / or district heating are in range 1 km from the site subject of diagnosis.

For longer distances, where there are technical-economic and environmental benefits, the company can still diagnose including aspects related to cogeneration and district heating cogeneration and district heating.

The diagnosis performed prior to 5 December 2015, provided they meet the minimum criteria in Annex 2 , have validity of 4 years from the date of preparation of the energy audit report and may be validly lodged , for the performance of ‘ obligation . If the date of expiry is before 5 December 2015, to make a new diagnosis.

Subsequent diagnosis

The diagnosis must be submitted after the first four years elapsed from the submission of the previous year, in order to respect the maximum of four years as required by regulation . This also applies to the diagnosis validly executed before 5 December 2015.

Example: If a valid diagnosis for the fulfillment of the obligation was performed January 15, 2013 , the next one will be held, at the latest by 15 January 2017.

Who is responsible for communicating the results of the diagnosis is the legal representative of the company subject to the duty.

The company obliged to diagnosis , be it large or energy-consuming enterprise, which has adopted a management system voluntary EMAS , ISO 50001 or ISO 14001 includes a diagnosis accordance with Annex 2 of Decree 102 , and therefore is excluded from the obligation diagnosis , is still required to transmit the report of the ENEA diagnosis conducted within the management system.

Yes, it relates only to energy-intensive businesses required , which have to do , within 4 years from the execution of the diagnosis , at least one of the actions identified characterized by a payback time of less than four years.

Undertakings required that do not perform the energy audit within the deadline , shall be subject to administrative fine ranging from € 4,000 to € 40,000.

The penalty does not exempt from performing the diagnosis that must still be communicated to ENEA within six months by the imposition of the sanction.

The total savings achieved for each calendar year , starting in 2014, by companies which carry out an energy management system ISO50001 and the companies that perform energy audits under Decree legislativo102 / 2014, which were not perceived titles energy efficiency , will be communicated to ENEA annually , by 31 March of the following to achieve the same savings.

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