BAKGRUNN (fra kommisjonsrekommandasjonen)

(1) Directive 2012/27/EU of the European Parliament and of the Council (1) introduced a requirement to achieve the headline target of at least 32,5 % energy savings at the Union level by 2030.

(2) In its Commission Staff Working Document SWD (2013) 447 final (2), the Commission provided guidance to the Member States for transposing and implementing the energy audits and energy management systems under Directive 2012/27/EU, supporting them in putting in place the adequate schemes, tools and methodologies in order to be able to fully tap into their energy savings potential and achieve the energy efficiency headline target.

(3) Directive (EU) 2023/1791 of the European Parliament and of the Council (3) was adopted on 13 September 2023. It recast Directive 2012/27/EU, keeping some of its provisions unchanged while, at the same time, introducing some new requirements. In particular, it significantly raised the level of ambition for 2030 in terms of energy efficiency, including on the energy management systems and energy audits.

(4) In accordance with Article 11 of Directive (EU) 2023/1791, an enterprise’s average energy consumption is to be the criterion for defining the application of energy management systems or energy audits.

(5) Therefore, Member States are to ensure that the enterprises with the energy consumption above 10TJ taking all energy carriers together and averaged over the past three years, are subject to energy audits whereas enterprises with the energy consumption exceeding 85TJ implement energy management systems.

(6) Enterprises that are below the consumption threshold in Article 11(1) of Directive (EU) 2023/1791 should nevertheless be encouraged to undergo energy audits and to implement the recommendations resulting therefrom.

(7) In order to create appropriate conditions and offer support to Small and Medium Enterprises (SMEs), Member States are encouraged to implement mechanisms such as energy audit centres for SMEs and microenterprises, where these are not in competition with private auditors, to provide energy audits, as well as other support schemes for SMEs. In the development of their support schemes and programmes for the SMEs, Member States should ensure that their programmes include also support to the SMEs in quantifying the multiple benefits of energy efficiency measures, development of energy efficiency roadmaps and development of energy efficiency networks for SMEs, facilitated by independent facilitators.

(8) Member States should ensure that energy audits and energy management systems take into account relevant European or International Standards, such as EN ISO 50001 (Energy Management Systems), or EN 16247-1 (Energy Audits), or, if including an energy audit, EN ISO 14000 (Environmental Management Systems) and thus be also in line with the provisions of Annex VI to the EED recast.

(9) While energy audits can be carried out on a standalone basis or be part of a broader environmental management system or an energy performance contract, in all such cases those approaches are to comply with the minimum requirements of Annex VI to Directive (EU) 2023/1791.

(10) Member States are to bring into force the laws, regulations and administrative provisions transposing Article 11 of Directive (EU) 2023/1791 by 11 October 2025, except for the provisions of Article 11(1) on the implementation of the first energy management systems and the provisions of Article 11(2) on the conduct of the first energy audit by the newly obliged companies under the scope of the Directive, which are to be transposed by 11 October 2027 and 11 October 2026 respectively.

(11) Member States can choose at their discretion the way of transposing and implementing the requirements regarding energy management systems and energy audits that is best suited to their national circumstances. In this context, it would be recommended to interpret the relevant provisions of Directive (EU) 2023/1791 in a consistent way which would contribute to a coherent understanding of Directive (EU) 2023/1791 across Member States as they prepare their transposition measures,