In September 2014, The Environmental Agency (EA) further updated the online guidance to compliance with the new piece of environmental legislation known as ESOS
There remains some residual confusion amongst organisations, caused by apparent ambiguity in the documentation thus far produced by the EA as to what will be required to achieve full compliance when organisations already have ISO 14001 certification and / or Display Energy Certificates in their buildings.
Green Element contacted the EA ESOS Help Desk to clarify the most up-to-date information on alternative routes to compliance - i.e. other than the full ESOS programme:
When an organisation has:
sites with a current EN ISO 50001 Energy Management System certificate; or
sites with current Display Energy Certificates; or
sites covered by Green Deal Assessment;
incorporating at least 90% of the organisation’s energy use, then no additional ESOS compliant energy audit will be required on those sites (but you may need to conduct them on other areas of the organisation’s energy consumption that are not covered by one of those routes to compliance if those sites covered amount to less than 90% of the organisation’s total energy use)
When an organisation has
Through all routes to compliance, as part of the overall ESOS assessment participants will need to make sure that the whole ESOS assessment is signed off by an approved lead assessor.
William Richardson is a member of IEMA, which is included in the Environment Agency list of approved registers of lead assessors, which means that he is certified to conduct ESOS assessments. Therefore:
our ISO 14001 clients can have William Richardson conduct their ESOS-compliant audit, and already include energy intensity ratios within their EMS
those clients with current Display Energy Certificates in each building are ESOS-compliant
Thus it is fully expected that Green Element Clients ONLY need to (i) keep and maintain an evidence pack and (ii) have Green Element as a lead assessor to conduct an audit and sign off the assessment (iii) notify the EA of their route to compliance, in order to achieve ESOS compliance.
-A straightforward alternative is to obtain ISO 50001 certification, which makes an organisation automatically compliant with ESOS.
Next steps - we will be sending out a bulletin to our clients with instructions as and when decisions and actions need to be taken
ESOS is a compulsory programme of regular energy audits for ‘large enterprises’ that must be undertaken by December 5 2015 under the UK Government’s compliance with the EU Energy Efficiency Directive 2012
Those required to participate will be
all enterprises with at least 250 employees OR
an annual turnover of at least €50 million (£42 million) or an annual balance sheet total of at least €43 million (£35 million).
Energy audits are to be conducted by an approved ‘lead assessor’ every 4 years – the Environment Agency have published a list of approved registers with whom assessors can be registered; the guidelines for these are defined by British Standards Institution (BSI) Publicly Available Specification (PAS) 51215, Energy efficiency assessment – Competency of a lead energy assessor
The audit will assess the organisational energy intensity ratio (e.g. kWh/employee FTE) and the variation in energy use over time within key buildings and operations
To achieve compliance, businesses will have to gather the necessary data, undertake the assessment, achieve a successful audit and maintain records of the results, including an ‘evidence pack’
Penalties will be put in place for non-compliance
ISO 14001 is not listed in the regulations and as such if the organisation is ISO 14001 certified, officially this means nothing in ESOS in terms of automatic compliance.
However, clearly, if the organisation is doing energy auditing work already then as long as the work it is doing complies with the principles of an ESOS compliant audit as detailed in Articles 26 and 27 of the ESOS regulation, then this will be fine and the organisation will just keep these records in its evidence pack. In the notification of compliance the organisation will specify that it has complied via ESOS-compliant energy audits.
What this means to ISO 14001 certified organisations is that in order to achieve ESOS compliance the following four requirements must be adhered to:
Energy intensity ratios and energy-saving activities are included in ISO 14001 (which they are currently for Green Element Clients)
An evidence pack is maintained – which can be created from the records already kept for ISO 14001 for Green Element Clients
The ISO 14001 audit includes an energy audit, and is carried out by an approved ‘lead assessor’ – i.e. the auditor is registered by an approved body, a list of which has been published by the EA, and the guidelines for which are defined by British Standards Institution (BSI) Publicly Available Specification (PAS) 51215, Energy efficiency assessment – Competency of a lead energy assessor’
The EA are notified of compliance by December 2015 by the responsible officer appointed by the organisation.
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