Energy audit requirements and standards in Italy

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 Legislative Decree No. 102/2014 and in force (from 18/07/2014).

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

Large companies and companies with high energy consumption must undertake energy audits by 05/12/2015 and every four years thereafter if they continue to qualify.

Audits must be carried out by energy service companies which are experts in energy management or other energy auditors. The results of such audits must be notified to the Italian National Agency for New Technologies – Energy and Sustainable Economic Development (ENEA) which will verify and manage the filing.

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

According to Legislative Decree No. 102/2014 a qualifying undertaking is a is an undertaking which, as at the qualification date, meets one or more of the following criteria:

  1. ≥ 250 employees; and
    1. a turnover of > EUR 50m; or
    2. an annual balance sheet of > EUR 43m; and/or
  2. has used for the development of its activities at least 2.4 GWh of electric energy or at least 2.4 GWh of any other type of energy.

However, in respect of criteria i. above, a clarificatory note issued by the Italian Ministry of Economic Development suggests that an undertaking will qualify if it meets any one of the following:

  • ≥ 250 employees; or
  • a turnover of > EUR 50m; or
  • an annual balance sheet of > EUR 43m;

This recent clarification provides a different qualification test to that out in Legislative Decree 102/2014. This has however caused a critical debate which is due to be resolved over the coming months.

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

05/12/2014.

5. What are the sanctions for non-compliance?

In case of non-compliance with the provisions of the Legislative Decree, fines will range from a minimum of EUR 4,000 up to EUR 40,000.

If the audits present irregularities, the fines range from EUR 2,000 up to EUR 20,000.