Energy audit requirements and standards in Belgium

In Belgium, this matter is regulated by the three Regions (Wallonia, Flanders and Brussels).

Wallonia:
Not implemented.

Flanders:
Art. 8 EED has been implemented in Section 4.9.2 (Energy Audits) of the Flemish Regulation relating to the Environmental Permit (VLAREM II).

Brussels:
The Region of Brussels has not adopted Art 8 of the EED. The implementing provisions (to be included in the Brussels Code of Air, Climate and Energy Management) should be adopted and enter into force in the course of 2016. We have contacted the Brussels administration and they have advised that the Region of Brussels may implement the mandatory provisions of Art 8 of the EED identically.

Note that the Decree of the Government of Brussels-Capital Region of 15 December 2011 “relating to energy audits for large consumers of energy facilities” states that energy audits must be carried out by operators applying for environmental permits (see below).

In addition to this Decree, the Brussels Code of Air, Climate and Energy Management provides that the Regional Government can take measures to impose energy audits on owners of certain buildings according to their size and their purposes. However, to date, no executing decree has been adopted by the Government.

Wallonia:
As the legislation only provides for incentives to realise energy audits for both private and public entities, there are no compliance obligations.

Flanders:
Qualifying undertakings/their UK corporate groups must undertake energy assessments by 01/12/2015 and every four years thereafter if they continue to qualify.
Web application: http://energiesparen.be/verplichte_energieaudit_GO
A presentation will be organised by the Federation of Companies of the Technology Industry on 27 October 2015: http://www.agoria.be/www.wsc/rep/prg/ApplContent?SessionLID=3&vUserID=999999&ENewsID=104437) 

Brussels:
Art. 8 EED: TBD.

As to the above obligations set forth for activities subject to environmental permit, the audit must be carried out by an approved auditor at the request of the applicant and under the applicant’s responsibility, within the 12 months before the deposit of the application for the environmental permit. The energy audit is part of the environmental permit application, extension or renewal file. The permit applicant shall countersign the energy audit and accept the measures and action plan.

All measures arising from the energy audit which have a return time of less than five years must be implemented by the establishment within four years following the issuance of the environmental permit.

Wallonia:
N/A

Flanders:
A qualifying undertaking is an undertaking operating activities for which an environmental permit is required, which meets in 2014 one or more of the following criteria (per location):

• > 250 employees; or
• turnover of > EUR 50m and a balance sheet of > EUR 43m.

Exemptions are available.

Brussels:
Art. 8 EED: TBD.

As to the above obligations set forth for activities subject to environmental permit, an energy audit must be carried out for environmental permit applications of class 1A or 1B and environmental permit applications of class 2 by public companies or concerning acts and public works, as well as for permit applications for the renewal or the extension of establishments with one or more buildings with a non-domestic floor area of more than 3,500 m². However, the Decree allows certain exemptions for the application of environmental permits when:

1. i. it is subjected to a EPB (energy performance of buildings) proposal for new buildings or major renovations according to the Decree of 07/05/2007 on the energy performance and indoor climate of buildings;
2. ii. it concerns an undertaking within the exchange gas emission allowance trading scheme for greenhouses as defined in the order of 31/01/2008 establishing a system for the exchange of gas emission quotas for greenhouses and on the Kyoto Protocol‘s flexible mechanisms;
3. iii. it concerns a building whose energy consumption per m² of surface area of the protected volume is below the limits specified in the annex of standard climate and of normal occupation.

Wallonia:
N/A

Flanders:
During 2014

Brussels:
N/A

Wallonia:
N/A

Flanders:
TBD.

Brussels:
Art. 8 EED: TBD.

If an operator does not comply with the obligation to conduct an energy audit, the environmental permit, or its renewal, will be refused.