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.
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.
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.