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Certified energy-management system |
Governance |
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- Description:
- Companies with average annual energy consumption above 85 TJ over the previous three years must implement an energy-management system, have it certified by an independent body, and have it in place by 11 October 2027 at the latest.
- Frequency:
- Continuous
- Check frequency:
- Continuous
- Products/Services:
- Company energy consumption and energy efficiency
- Checking responsibility:
- Independent certification body and competent national authorities
- Check method:
- Certification by an independent body in accordance with relevant European or international standards.
- Rule set:
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- Source reference:
- Article 11(1)
- Source excerpt:
- 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.
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Periodic energy audit |
Due Diligence |
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- Description:
- Companies with average annual energy consumption above 10 TJ over the previous three years that do not implement an energy-management system must conduct a first energy audit by 11 October 2026 and subsequent audits at least every four years.
- Frequency:
- Other
- Check frequency:
- Other
- Products/Services:
- Company energy consumption
- Checking responsibility:
- Qualified or accredited experts or independent authorities; the competent authority monitors deadlines and criteria.
- Check method:
- Energy audit by qualified or accredited independent experts or independent authorities against the minimum criteria in Annex VI.
- Rule set:
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- Source reference:
- Article 11(2)
- Source excerpt:
- 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.
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Action plan and publication of audit implementation |
Reporting |
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- Description:
- Companies subject to an energy audit must prepare a concrete and feasible action plan based on the recommendations, identify technically or economically feasible measures, submit it to management, and publish the action plan and implementation rate in the annual report, subject to trade-secret protections.
- Frequency:
- Annual
- Check frequency:
- Annual
- Products/Services:
- Energy-audit findings and recommendations
- Checking responsibility:
- Company management and competent national authorities
- Check method:
- Review of the action plan and published implementation rate in the annual report.
- Rule set:
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- Source reference:
- Article 11(2)
- Source excerpt:
- 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.
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Annual publication of data-centre information |
Reporting |
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- Description:
- Owners and operators of qualifying data centres must make the information specified in Annex VII publicly available every year, including operational, floor-area, power, data-traffic and performance-indicator information, subject to trade-secret protections.
- Frequency:
- Annual
- Check frequency:
- Annual
- Products/Services:
- Data centres with installed IT power demand of at least 500 kW
- Checking responsibility:
- Data-centre owners and operators; national authorities and the Commission review the information.
- Check method:
- Annual review of publicly available information required by Annex VII.
- Rule set:
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- Source reference:
- Article 12(1)
- Source excerpt:
- By 15 May 2024 and every year thereafter, Member States shall require owners and operators of data centres in their territory with a power demand of the installed information technology (IT) of at least 500kW, to make the information set out in Annex VII publicly available, except for information subject to Union and national law protecting trade and business secrets and confidentiality.
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Data-centre waste-heat utilisation |
Due Diligence |
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- Description:
- Operators of data centres with total rated energy input exceeding 1 MW must utilise waste heat or other waste-heat-recovery applications unless they demonstrate that this is not technically or economically feasible.
- Frequency:
- Continuous
- Check frequency:
- Continuous
- Products/Services:
- Data centres with total rated energy input exceeding 1 MW
- Checking responsibility:
- Data-centre operator in cooperation with competent authorities
- Check method:
- Demonstration of technical or economic infeasibility under the cost-benefit analysis in Annex XI.
- Rule set:
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- Source reference:
- Article 26(6)
- Source excerpt:
- Member States shall ensure that data centres with a total rated energy input exceeding 1 MW utilise the waste heat or other waste heat recovery applications unless they can show that it is not technically or economically feasible in accordance with the assessment referred to in paragraph 7.
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Participation in waste-heat cost-benefit analyses |
Due Diligence |
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- Description:
- Companies responsible for operating qualifying installations must cooperate in the cost-benefit analysis for high-efficiency cogeneration or waste-heat utilisation and provide the required data.
- Frequency:
- Event-triggered
- Check frequency:
- Event-triggered
- Products/Services:
- Newly planned or substantially refurbished thermal power, industrial, service and data-centre installations above the applicable thresholds
- Checking responsibility:
- Competent authorities in cooperation with the companies responsible for operating the facility
- Check method:
- Participation in an installation-level cost-benefit analysis under Annex XI and provision of the required data.
- Rule set:
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- Source reference:
- Article 26(7)
- Source excerpt:
- Member States shall require the cost-benefit analysis to be carried out in cooperation with the companies responsible for the operation of the facility.
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No obstruction of energy services |
Governance |
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- Description:
- Energy distributors, distribution system operators and retail energy sales companies must refrain from activities that impede demand for or delivery of energy services or energy-efficiency measures, hinder the development of those markets, foreclose markets for competitors, or abuse dominant positions.
- Frequency:
- Continuous
- Check frequency:
- Continuous
- Products/Services:
- Energy distributors, distribution system operators and retail energy sales companies
- Checking responsibility:
- Competent national authorities and energy regulatory authorities
- Check method:
- Monitoring of market conduct and supply practices by competent authorities.
- Rule set:
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- Source reference:
- Article 29(8)
- Source excerpt:
- Member States shall ensure that energy distributors, distribution system operators and retail energy sales companies refrain from any activities that may impede the demand for and delivery of energy services or energy efficiency improvement measures, or hinder the development of markets for such services or measures, including foreclosing the market for competitors or abusing dominant positions.
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Consumer rights for heating, cooling and hot-water contracts |
Governance |
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- Description:
- Suppliers must provide fair and transparent contractual terms and required contract information, give timely notice of price changes, offer multiple non-discriminatory payment methods, handle complaints simply and promptly, and provide timely free information on alternatives before planned disconnection.
- Frequency:
- Event-triggered
- Check frequency:
- Event-triggered
- Products/Services:
- Supply of heating, cooling and domestic hot water
- Checking responsibility:
- Competent consumer-protection and energy-regulatory authorities
- Check method:
- Review of contracts, price-change notices, bills, complaint procedures and disconnection notices.
- Rule set:
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- Source reference:
- Article 21(4)
- Source excerpt:
- Suppliers shall offer final customers a wide choice of payment methods. Such payment methods shall not unduly discriminate between customers.
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Consumption-based billing |
Reporting |
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- Description:
- Companies supplying or billing district heating, district cooling or domestic hot water must provide reliable and accurate billing, generally at least annually based on actual consumption or heat-cost-allocator readings, and provide bills and access to consumption data free of charge.
- Frequency:
- Continuous
- Check frequency:
- Continuous
- Products/Services:
- District heating, district cooling and domestic-hot-water supply
- Checking responsibility:
- Suppliers, metering and billing service providers, and competent authorities
- Check method:
- Review of metering and billing data for actual consumption or heat-cost-allocator readings and free access to consumption data.
- Rule set:
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- Source reference:
- Article 18(1)
- Source excerpt:
- Where meters or heat cost allocators are installed, Member States shall ensure that billing and consumption information is reliable, accurate and based on actual consumption or heat cost allocator readings
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Provision of energy-consumption data |
Reporting |
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- Description:
- Companies must make information available to the national authorities when their annual consumption in a given year exceeds 85 TJ or 10 TJ, respectively.
- Frequency:
- Event-triggered
- Check frequency:
- Event-triggered
- Products/Services:
- Energy-consumption data of companies exceeding 85 TJ or 10 TJ annual consumption
- Checking responsibility:
- National authorities responsible for implementation
- Check method:
- Submission or collection of the required consumption data through a national platform or another procedure of the competent authorities.
- Rule set:
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- Source reference:
- Article 11(3)
- Source excerpt:
- 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.
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