Energy audit requirements and standards in Slovenia

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 Energy Act (Official Gazette No. 17/2014 – EZ-1) (in force from 22/03/2014) and the Regulation on energy audits (Official Gazette No. 41/2016) (in force from 11/06/ 2016). In the Regulation on energy audits the methodology and scope of the energy audits are defined.

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

Subject to certain exemptions, the qualifying companies must undertake energy audits by the compliance deadline and every four years thereafter if they continue to qualify. With the Regulation on energy audits a new (postponed) compliance deadline is set for 31/12/2016. If an undertaking will meet the qualification criteria after the compliance deadline, it will have to perform an energy audit within one year from meeting the qualification criteria.

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

Qualifying companies are large companies in accordance with the Companies Act (Official Gazette No. 65/2009 et al; ZGD-1), i.e. non-SMEs. Therefore qualifying undertakings (large companies) are those which meet at least two of the following criteria:

  1. i. have an average of > 250 employees in a financial year; and/or
  2. ii. have an annual turnover of > EUR 40m; and/or
  3. iii. have the balance sheet total > EUR 20m.

Large companies shall at all times be deemed to include public-interest entities, stock exchanges and companies established in the Republic of Slovenia which are the parent company of one or more companies having their registered offices in or outside the Republic of Slovenia (subsidiary companies) if either the parent company or one of the subsidiary companies is organised as a company with share capital, a double partnership1 or an equivalent legal form, in accordance with the law of the country in which the company has its registered office.

The companies are classified as micro, small, medium-sized and large on the basis of data for two consecutive financial years at the annual balance sheet cut-off date.

There are no special provisions regarding the corporate groups. However, for the classification of the corporate groups the same criteria apply.

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

The legislation does not provide for any specific qualification date. However, any undertaking that will qualify at the last balance sheet cut-off (i.e. the date on which the balance sheet is compiled) prior to the compliance deadline, shall fulfil the obligations.

5. What are the sanctions for non-compliance?

A fine up to EUR 125,000 can be imposed.