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Portugal

Energy audit requirements and standards in Portugal

Table of contents
  1. What is the current status in your jurisdiction of implementation of the mandatory energy audit requirements of Article 8 of Directive 2012/27/EC on Energy Efficiency (the Energy Efficiency Directive or EED)?
  2. What are the routes to compliance/key obligations?
  3. Who has to comply/what are the qualification criteria?
  4. If relevant, what is the first qualification date?
  5. What are the sanctions for non-compliance?
Portugal

1. What is the current status in your jurisdiction of implementation of the mandatory energy audit requirements of Article 8 of Directive 2012/27/EC on Energy Efficiency (the Energy Efficiency Directive or EED)?

Fully implemented by the Decree-Law no. 68-A/2015 of 30 April 2015 and in force (from 01/05/2015).

2. What are the routes to compliance/key obligations?

Enterprises that are not SMEs (small and medium-sized enterprises) are subject to an energy audit by 05/12/2015 and at least every four years from the date of the previous energy audit.

3. Who has to comply/what are the qualification criteria?

According to the Decree-Law no. 68-A/2015, a qualifying undertaking (i.e. a non-SME) is an undertaking which meets the following:

  1. ≥ 250 employees; or
  2. an annual turnover of > EUR 50m and a balance sheet total of > EUR 43m.

4. If relevant, what is the first qualification date?

There is no concept of “qualification date” under the Portuguese implementing law. Qualifying undertakings have to comply with the obligations from the date on which the implementing legislation entered into force and must complete energy audits by the compliance deadline.

5. What are the sanctions for non-compliance?

Non-compliance constitutes an offence (contra-ordenação) which is subject to the application of fines ranging from EUR 2,500 to EUR 44,000. In addition fines, suspension or closure of the activity and exclusion from entitlement to any public benefits or subsidies may also be imposed.