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Energy audit requirements and standards in Spain

Spain

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)?

On 13/02/2016, the Spanish Royal Decree 56/2016 of 12/02/2016, transposing the Energy Efficiency Directive (the “Royal Decree”) was published, providing a boost in several domains: energy audits, accreditation of energy service suppliers and auditors, and the promotion of efficiency in the supply of energy. The Royal Decree entered into force on 15/02/2016.

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

The Royal Decree transposing the EED foresees that companies falling within its scope must carry out an energy audit before 14/11/2016 and thereafter at least every four years from the date of the previous energy audit.

The energy audits shall cover at least 85% of the total energy use for companies’ whole facilities located in Spain.

The person undertaking the energy audit must be in possession of the necessary certification issued by an entity accredited by the National Accreditation Body (ENAC) and have documentary proof of this. The competent authority may regulate the audit procedure to verify the data given by the applicant.

An administrative register of companies providing energy audit services is to be created.

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

According to the Royal Decree the regime will only apply to large companies, which are defined as those with:

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

SMEs are expressly excluded from scope.

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

The first qualification date is not addressed in the Royal Decree. The legislator has opted for an objective criterion: all companies which meet the qualification criteria should carry out an energy audit.

Therefore, it is understood that the date on which of the Royal Decree entered into force (15/02/2016) was the date as from which the companies exceeding the relevant thresholds (qualification criteria) are required to conduct energy audits before 14/11/2016.

5. What are the sanctions for non-compliance?

The body of each Autonomous region in charge of Energy Efficiency shall inspect the successful completion of energy audits, as well as ensure and check their quality.

Any infringement of the Royal Decree will be considered an infringement on energy efficiency and will be administratively punished in accordance with the sector-specific legislation.

If the company does not perform the energy audit they may incur sanctions of up to EUR 100,000. If the energy audit does not reach the requirements and minimum criteria legally or statutorily set out, companies may face sanctions of up to EUR 30,000.