Energy efficiency not only represents a key tool in the fight against climate change, but also an opportunity to optimize resources and reduce operational costs. In Spain, Royal Decree 56/2016 sets the current regulatory framework for energy efficiency, but new requirements are on the horizon with the upcoming transposition of the revised European Energy Efficiency Directive. This post analyzes the current landscape and the implications of the upcoming legislative changes.
The current framework: Royal Decree 56/2016
Since its approval, Royal Decree 56/2016 has established the foundations for conducting energy audits in Spain. This regulation, in line with the European Directive 2012/27/EU, requires large companies (those with more than 250 employees or a turnover exceeding 50 million euros and a balance sheet total greater than 43 million euros) to carry out a detailed analysis of their energy consumption every four years.
The objective of these audits is to identify and assess opportunities for energy savings, allowing companies to optimize their consumption and reduce greenhouse gas emissions.
Main requirements of Royal Decree 56/2016
- Sujetos obligados: Grandes empresas según los criterios mencionados. Las pymes están exentas de esta obligatoriedad, aunque puede beneficiarse voluntariamente de eficiencia energética.
- Frequency: They must be carried out every four years.
- Scope: They must cover at least 85% of the organization's total energy consumption.
- Quality: They must be carried out by qualified professionals and based on reliable and representative consumption data.
- Alternatives: Companies with certified energy management systems (ISO 50001) or environmental management systems (ISO 14001 with an energy component) may be exempt, as long as they meet equivalent requirements.
The RD 56/2016 also emphasizes the importance of the qualification of energy auditors and the need to register and report the results to the competent authorities.
Changes on the horizon: The new Energy Efficiency Directive.
In 2023, the European Union approved a revision of the Energy Efficiency Directive, introducing more ambitious goals for reducing energy consumption and promoting decarbonization. Although this directive has not yet been transposed into Spanish law, it is expected to include significant modifications compared to the current model.
Key points of the new Directive (2023/1791):
- Expansion of the obligation for energy audits: It is expected that the requirements for energy consumption evaluation will be extended to a greater number of companies, including SMEs with an average annual energy consumption exceeding 10 terajoules (TJ) over the past three years.
- Reduction of consumption: The directive sets a binding target to reduce energy consumption by 11.7% by 2030, compared to the 2020 reference projections.
- Greater transparency and monitoring: The obligations for reporting and notification of implemented measures and the results obtained from energy efficiency analyses are strengthened.
- Promotion of decarbonization: Energy studies must also assess the feasibility of implementing renewable energy sources and other low-carbon solutions.
- Implementation of ISO 50001: Additionally, the directive states that companies with an average annual energy consumption greater than 85 TJ over the past three years are required to implement an Energy Management System.
This legislative change aims to align all member states with the EU's climate neutrality goals for 2050. Additionally, it seeks to drive a structural transformation in key sectors, promoting more efficient energy use throughout the economy.
Implications for businesses in Spain
The transposition of this new directive will require a significant adaptation for businesses in Spain. Those that are currently not obligated under RD 56/2016 may be included in the new regulatory framework. Therefore, it is crucial for organizations to begin preparing now.
Recommendations for adapting to the new scenario:
- Conduct preventive energy audits: Even if you are not currently obligated, an energy audit can help you identify savings opportunities and prepare for future regulatory requirements.
- Implement energy management systems: Certifications like ISO 50001 not only improve efficiency but can also exempt companies from certain obligations.
- Analyze and monitor energy consumption: Having real-time measurement and tracking systems helps identify inefficiencies and implement corrective solutions.
- Train the teams: Raising awareness and training employees on energy efficiency is key to ensuring collective commitment.
- Stay up to date with regulatory updates: Keeping informed about the transposition of the directive will allow you to anticipate changes and ensure compliance.
Benefits of energy audits
Beyond legal obligations, energy efficiency studies represent a strategic investment for any organization. Some of the main benefits include:
- Cost reduction: By identifying inefficiencies and proposing improvements, companies can significantly reduce their energy bills.
- Improved competitiveness: More efficient companies are more competitive in the global market.
- Regulatory compliance: Avoid penalties and ensure conformity with current legislation.
- Contribution to sustainability: Reducing energy consumption lowers the carbon footprint and improves corporate reputation. This audit can be the starting point for a future Decarbonisation Plan.
- Access to grants and subsidies: In Spain, there are incentives for energy efficiency projects that can help finance the measures recommended in efficiency studies.
