In June 2014, The Environmental Agency (EA) updated the online guidance to compliance with the new piece of environmental legislation known as ESOS
There is some confusion caused by inconsistencies in the various pieces of information produced by DECC and the EA as to whether certification to ISO 14001 will serve as compliance with ESOS
Green Element contacted the EA ESOS Help Desk to clarify the situation with ISO 14001, and received this information:
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 will be published by the EA in December 2014, 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.
What this means for ISO 14001 certified organisations is that compliance with ESOS will not be automatic, but that an evidence pack and possibly an additional audit will be what is required for full compliance to be achieved.
Whether or not a separate audit is necessary will depend upon which registration bodies are included in the approved list of registers which the EA have yet to publish – we fully expect that the auditors already employed to conduct ISO 14001 and 500001 audits will be regarded as ESOS-compliant auditors, but we suggest organisations unsure of their legal position get in touch with Green Element with any queries, and sign up to our newsletter and check our blog pages for updates as more information becomes available.
a current EN ISO 50001 Energy Management System certificate - organisations will not have to conduct separate assessments nor conduct specific ESOS audits
Display Energy Certificates for all of the qualifying buildings and accompanying advisory reports, and also comply with the auditing requirements
Green Deal Assessment incorporating at least 90% of the organisation’s energy use
According to PAS 51215, William Richardson is qualified to be an ESOS lead assessor; since William Richardson qualifies to be a lead energy assessor through the registration body AJA to audit ISO 50001 and ISO 14001, and therefore the audits conducted by Green Element for ISO 14001 comply with ESOS audit requirements.
Therefore, our ISO 14001 clients who are audited by peers of William Richardson (also registered with AJA) should also be ESOS audit-compliant.
Therefore, it is fully expected that Green Element Clients ONLY need to (i) keep and maintain an evidence pack and (ii) 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.
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 not yet published a list of approved registers with whom assessors can be registered; however 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
Those with an Environmental Management System certified by ISO 14001 which includes the energy intensity ratio data will be considered ESOS compliant but will need to
maintain an evidence pack for inspection
notify the Environment Agency of their compliance via an appointed ‘responsible officer’,
ensure that their ISO 14001 audit includes an energy audit conducted by an assessor as defined by PAS 51215
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