Jubilee Signet

Information about the Energy Efficiency Act (EnEfG)

Dec 20, 2024 Audit

With the entry into force of the Energy Efficiency Act (EnEfG) at the end of 2023, the requirements of the Energy Services Act (Energiedienstleistungsgesetz – EDL-G) for companies were extended, and companies in the field of energy efficiency were confronted with increasing requirements.

The Act obliges companies with an annual total final energy consumption of more than 7.5 gigawatt hours (GWh) to introduce an energy or environmental management system (EnMS/EMS) in accordance with ISO 50001 or EMAS. Companies consuming more than 2.5 GWh per year are also required to draw up and publish specific implementation plans for economically feasible end-use energy saving measures. This cutoff is expected to be increased to 2.77 GWh with the expected amendment of the EDL-G, which will also update the EnEfG. This also entails an annual obligation to update the implementation plans.

Objectives of the law:

  • Increasing energy efficiency: Promoting the efficient use of energy in companies in order to reduce overall energy consumption.
  • Reduction of greenhouse gas emissions: To contribute to the achievement of European climate targets by reducing CO2 emissions.
  • Transparency and accountability: Improving traceability of energy consumption and savings through the obligation to prepare and publish implementation plans.

Deadlines and requirements:

  • Entry into force: The EnEfG entered into force on November 18, 2023. It is currently being updated as part of the EDL-G amendment.
  • Obligation to set up an EnMS/EMS (Section 8): Companies that have had an average total energy consumption of over 7.5 GWh in the last three years must set up an EnMS/EMS by July 18, 2025. Identified measures must be evaluated in accordance with DIN EN 17463 (ValERI) with regard to their cost-effectiveness. In addition, a special focus must be placed on the issue of waste heat.
  • Implementation plans (Section 9): Companies with an average of more than 2.5 GWh (expected to be increased to 2.77 GWh in the future) must draw up implementation plans for end-use energy saving measures and publish them in the annual report. The cost-effectiveness of the measures must be assessed in accordance with DIN EN 17463 (ValERI). This applies to measures that have been identified and evaluated as economic in the context of energy audits in accordance with DIN 16247-1, an energy management system in accordance with DIN EN ISO 50001 or an environmental management system in accordance with EMAS. With the forthcoming revision, it is expected that these plans will no longer have to be reviewed by independent third parties, but will have to be updated annually to reflect the state of implementation of the identified measures. The period begins with the completion of the re-certification or renewal registration or with the completion of the energy audit.
  • Waste heat (Sections 16, 17): Companies with an average of more than 2.5 GWh (expected to be increased to 2.77 GWh in the future) are obliged to provide information on waste heat generated at the request of heating network operators, district heating supply companies and other potential heat-consuming companies. In addition, they are obliged to provide information on waste heat to the Federal Office for Energy Efficiency (BfEE) by March 31 each year. The first notification in the BAfA platform must be made by January 1, 2025.

Monitoring and fines:

The Federal Office for Economic Affairs and Export Control (BAfA) monitors compliance with the law. In the event of violations of the requirements, fines of up to 100,000 euros can be imposed.

Resources:

The BAfA has drawn up a leaflet that informs companies about the current obligations. Further information and in-depth materials can be found on the BAfA website .