Chapter 4.9.
Energy planning and energy audits


Section 4.9.1.
Energy planning


Article 4.9.1.1.

This section applies to all classified establishments with a total energy consumption of at least 0.5 petajoule per annum.

By way of derogation from paragraph 1, the energy-intensive establishments of enterprises that are party to the energy policy agreements for the anchoring of and for permanent energy efficiency in the Flemish energy-intensive (VER) industry, non-VER companies and VER companies are exempted from the present Section.


Article 4.9.1.2.

1.

Within six months of it becoming apparent from the next integral annual environmental report submitted that the classified establishment has a total energy consumption of 0.5 petajoule per annum, the operator shall prepare an energy plan for this establishment that must be declared compliant in accordance with Articles 6.5.4, 6.5.5, 6.5.6 and 6.5.7 of the Energy Order of 19 November 2010. This plan is kept available at the installation for perusal by the supervisory bodies.

2.

Within three years of the energy plan being declared compliant, the operator shall implement all measures from this energy plan with an internal rate of return as stated in Article 6.5.4, 1, 7 of the Energy Order of 19 November 2010. The time limit may be extended upon reasoned request by the operator to the Flemish Energy Agency or an exemption may be granted for the implementation of these measures. In the request, the operator shall show, with well-founded economic reasoning, that the above time limit cannot be adhered to or that the internal rate of return has fallen below the internal rate of return stated in Article 6.5.4, 1, 7 of the Energy Order of 19 November 2010.


Article 4.9.1.3. Translation not available

Section 4.9.2.
Energy audits


Article 4.9.2.1.

The present Section applies to all classified establishments where either more than 250 people work or for which the annual turnover exceeds EUR 50 million and the annual balance sheet total exceeds EUR 43 million.

By way of derogation from paragraph 1, all classified establishments that fall under the scope of Section 4.9.1 are exempted from the present Section.

By way of derogation from paragraph 1, the energy-intensive establishments of enterprises that are party to the energy policy agreements for the anchoring of and for permanent energy efficiency in the Flemish energy-intensive (VER) industry, non-VER companies and VER companies, concluded pursuant to Article 7.7.1 of the Energy Decree of 8 May 2009, and meet their obligations under these energy policy agreements, are exempted from the present Section.

By way of derogation from paragraph 1, the classified establishments that have a European energy standard EN 16001 or an international standard for energy management systems ISO 50001 are exempted from the present Section.

By way of derogation from paragraph 1, classified establishments that hold a valid energy performance certificate for public buildings as stated in Articles 9.2.12 to 9.2.16 inclusive of the Energy Order of 19 November 2010 are exempt from the present Section.


Article 4.9.2.2.

1.

By 1 December 2015 at the latest, the classified establishments shall have a valid energy audit.

2.

The energy audit shall be carried out by the operator of the classified establishment or a person duly authorised by the operator, who shall register in the web application as stated in Section 4.9.3.

3.

The energy audit is valid for four years.

4.

An energy audit:

1

is based on current, measured, traceable operational data concerning energy consumption and on the load profiles for electricity;

2

includes a detailed overview of the energy consumption profile of buildings or groups of buildings, industrial processes or establishments, including transport;

3

insofar as is possible, build on an analysis of life cycle costs, instead of simple payback periods, to take into account long-term savings, residual values of long-term investments and discount rates;

4

is proportionate and sufficiently representative to allow a reliable picture to be formed of the total energy performances and the key points for improvement to be reliably determined.


Section 4.9.3.
Web application


Article 4.9.3.1. The operator of the classified establishment or a person duly authorised by the operator shall enter the results of the energy plan drawn up in accordance with Section 4.9.1, or of the energy audit prepared in accordance with Section 4.9.2, into the web application made available by the Flemish Energy Agency.

Article 4.9.3.2. The operator of the classified establishment that is exempt from preparing an energy audit in accordance with Article 4.9.2.1, paragraph 4, or a person duly authorised by the operator, shall enter the results of the energy audit resulting from the EN 16001 or ISO 50001 procedure in the web application made available by the Flemish Energy Agency.

Article 4.9.3.3. The operator of the classified establishment of enterprises that are party to the energy policy agreements for the anchoring of and for permanent energy efficiency in the Flemish energy-intensive (VER) industry, non-VER companies and VER companies, concluded pursuant to Article 7.7.1 of the Energy Decree of 8 May 2009, and meet their obligations under these energy policy agreements, are exempted from the present Section.

Article 4.9.3.4.

The information in the web application is confidential and only accessible to the Flemish Energy Agency and the supervisory body. The operator of the classified establishment or a person duly authorised by the operator shall at all times have sole access to the details of his/her own energy plan or energy audit.

By way of derogation from paragraph 1, in the context of reporting requirements the Flemish Energy Agency may make anonymised and aggregated data from the web application available to the competent authorities, whereby the level of aggregation must guarantee adequate confidentiality. The individual data available in this web application are confidential and may not be used either by the Flemish Energy Agency or by any other party without the prior written consent of the operator.