Energy Efficiency Law

Original Language Title: Energoefektivitātes likums

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Read the untranslated law here: https://www.vestnesis.lv/op/2016/52.1


The Saeima has adopted and the President promulgated the following laws: the law of energy chapter I. General provisions article 1. The terms used in the law (1) of the Act is used in the following terms: 1) responsible party: a distribution system operator or energy retailer, which is binding on the State of energy efficiency obligation scheme; 2) energy — a product with a specific value, fuel, heat, renewable energy, electricity, or any other form of energy; energy consumption: 3) energy consumption in industry, transport, households, services sector and agriculture. It does not include the supply of energy transformation sector and the energy sector; 4) energy efficiency energy use efficiencies: the degree to which a product type, quality and quantity balance energy consumption; 5) energy efficiency improvement — increase technological efficiency measure end-user action or economic activities; 6) energy efficiency improvement measures, the actions that result is achieved, measurable or quantifiable test will increase energy efficiency; 7) energy savings: an amount of saved energy determined by measuring or estimating consumption before and after one or more energy efficiency improvement measures; 8) energy audit — activities that are performed to obtain information about the structure of energy consumption in buildings or groups of buildings, or equipment, as well as identify and evaluate the economically reasonable energy savings opportunities, and whose results are summarized in the report; 9) energy management system — a related set of processes, establishing an action plan and determine the energy efficiency targets, as well as procedures to achieve those objectives; 10) energy retailer, merchant who sells energy to final customers; 11) energy efficiency policies — regulatory or voluntary financial, fiscal or reporting tool that has been designed and implemented to market participants create a support system, requirements or incentives to provide energy efficiency services and buy and implement other energy efficiency improvement measures; 12) primary energy consumption — consumption of energy transformation sector, the energy sector, all economic sectors and households, not including energy resources, which are used as raw materials in the different sectors and not consumed as a fuel or transformed into another fuel. 13 komercuzskait of the smart meter) (measuring system) — an electronic device (electronic system) with which you can measure and monitor the energy consumption, as well as transmit and receive data via electronic communication. (2) other terms used in this law, energy law. 2. article. The purpose of the law the purpose of the Law is the rational use of energy resources and management to promote the sustainable development of the economy and curb climate change. 3. article. The scope of the law, the law States: 1) energy efficiency planning and monitoring requirements; 2) on energy efficiency objectives of the Ministry responsible for the tasks; 3) State and local action in national energy efficiency objectives;
4) responsible parties; 5) requirements to perform energy audits; 6) energy production, transmission and distribution efficiency conditions; 7) energy efficiency measures, the development of the services market; 8) responsibility for the requirements of this law. Chapter II. Energy efficiency policy planning and monitoring of the State and local sector article 4. The responsible Ministry tasks (1) On the implementation of the energy policy is the responsibility of the Ministry of Economic Affairs (hereinafter referred to as the responsible Ministry). (2) the responsible Ministry develops national energy efficiency action plans national energy efficiency objectives. (3) the responsible Ministry determines the energy end-use savings target and develop energy efficiency policy action plan for achieving it. The plan provides for the imposition of deadlines, the responsible institutions and funding sources, as well as the estimated annual energy end-use savings. (4) the responsible Ministry gathers all available information about the implementation of energy efficiency policies and their resulting energy savings and, based on this information, analyzes the national energy efficiency action plan and energy efficiency objectives. (5) every year to 30 April the responsible Ministry shall submit to the European Commission a report on the State of energy efficiency objectives. (6) the responsible Ministry develops measures to promote the efficient use of energy in households and other consumers, and its Web site informs you about: 1) energy efficiency improvement measures aimed at changing the behaviour of the end user of energy efficiency improvement; 2) support programmes and other fiscal incentives for improving energy efficiency; 3), easily workable cost-effective changes more efficient use of energy; 4) energy efficiency of credit engagement financing policy measures; 5) energy efficiency service providers available financial sources; 6) options galapatērētājo, including small and medium-sized enterprises and the public sector, to introduce an energy audit and energy management system; 7) independent intermediaries (restoration project manager) operational capabilities, energy efficiency service market; 8) municipalities and public institutions that have adopted the energy management system, publishing and restoring the list regularly. (7) the responsible Ministry on its website published: 1) the methodological recommendations for the implementation of the energy management system; 2) methodological recommendations for the development of energy efficiency services agreement; 3) energy efficiency services contract sample public sector; 4) report on good practice collection, the energy efficiency improvement measures, including energy efficiency service contracts. 5. article. National authorities and the rights and obligations of the municipality

(1) national authorities and municipalities have the right to: 1) develop and adopt an energy efficiency plan as a separate document or as a local area development programme components, which includes specific energy efficiency objectives and measures; 2) individually or as part of the implementation of the energy efficiency plan to implement the energy management system; 3) use energy efficiency services and energy efficiency services to close the contracts for the implementation of the energy efficiency improvement measures. (2) the municipalities of the Republic introduced a certified energy management system. (3) County Governments whose territories development index is 0.5 or more and a population of 10,000 or more direct regulatory authority that is in possession of property or building with 10,000 square meters or higher total heated area, introduces the energy management system. The county municipality and the national regulatory authorities direct the system introduces a period of one year from the date of accession of these conditions. (4) procedures by which a public body or municipality Announces energy management system implementation, notification deadlines, notification and the document content, as well as the procedures are tested and approved in the energy management system, established by the Cabinet of Ministers. (5) a public body or municipality, which enacted the energy management system, each year inform the Ministry responsible for energy management system, the resulting energy savings. The order in which the national authority or authorities shall report on the energy savings obtained by the energy management system are determined by the Cabinet of Ministers. (6) when assessing the projects that were fully or partially implemented, with contributions from the State budget, State guarantees, credit, interest rate subsidies or other financial assistance that is allocated or provided from the State or the European Union budget and foreign financial assistance, the State authorities and local authorities, responsible according to the provisions of this law is to introduce energy management system and that this obligation is fulfilled increase the quality evaluation criteria the maximum number of points that must be obtained in accordance with the procedures laid down by the legislative act concerned about funding. Chapter III. Energy efficiency improvement measures in article 6. Energy efficiency obligation scheme (1) mandatory energy end-use savings target reached, the State or the municipality in implementing energy efficiency policies in the final consumption or energy efficiency obligation scheme, or both of foregoing the opportunity at hand. (2) the establishment of energy efficiency obligation scheme aims to achieve the national mandatory energy end-use savings target. Energy efficiency obligation scheme, the responsible parties are energy distribution and retail energy sales operators. Energy efficiency obligation included in the industry scheme, the responsible parties in the selection criteria, the responsible parties in the amount of the distribution over the years and its methodology for determining energy efficiency policy measures the amount of the obtained savings as well as the resulting verification system energy savings shall be determined by the Cabinet of Ministers. (3) energy efficiency obligation scheme, establish and implement responsible Ministry. Energy efficiency obligations the responsible parties of the scheme by 2020. December 31, reached a minimum energy end-use savings target under the second paragraph of the distribution over the years. (4) energy efficiency obligation scheme responsible parties to achieving minimum energy end-use savings target is reduced by the part of the State and local governments as a result of the measures implemented to achieve energy end-use savings. (5) the responsible party shall report each year to the Ministry responsible for the resulting energy savings. Reporting arrangements shall be determined by the Cabinet of Ministers. (6) the costs incurred by the party responsible for energy efficiency improvement measures to the end user, and to their implementation or this article in eighth installment in the national or municipal energy efficiency fund may include pay for power under the Cabinet of Ministers regulations. If the responsible party and the end user has agreed to the implementation of energy efficiency improvement measures and costs, such costs incurred by the party responsible for energy efficiency improvement measures to the end user, and it does not include fees for implementation, but can include pay for energy. (7) the order in which the sixth part of this article, the costs of energy efficiency improvement measures after implementation and contributions to the State or local government energy efficiency fund allocated between the end users and their method of payment shall be determined by the Cabinet of Ministers. (8) the responsible party may fulfil its obligation by making contributions to the country of their choice or municipal energy efficiency fund according to its specific energy end-use savings to the amount of the obligation (duty amount). Responsible party obligations reduced in proportion to the amount of the contribution. The State or municipality, which fund the party liable for the contribution made to ensure energy savings according to the responsible parties for the amount of the obligation, for which the contribution is made. Agenda and contributions shall be determined by the Cabinet of Ministers. (9) national energy efficiency fund responsible party including the State established for that purpose in the general budget of the Ministry of Economic Affairs forecast program/sub national open to an expense account in the General Treasury and held as authorities in other own revenue. The budget program is administered by the Ministry of economy. 7. article. Energy efficiency Fund (1) a State or local government energy efficiency fund created to support initiatives in the field of energy efficiency. (2) a development financial institution set up a national energy efficiency fund. (3) national energy efficiency Fund financial source is: 1) this law, article 6 of the eighth said responsible party contributions; 2) at least 90 percent of this law, in article 13, the fee revenue in the national budget; 3) other revenue. (4) the Ministry of the economy shall ensure that the third paragraph of article 1, paragraph transfer of contributions to national energy efficiency fund development financial institutions reserve capital formation for development financial institution within the meaning of the law on State aid or energy efficiency program implementation. (5) national energy efficiency funds for the national support programmes in the following areas: 1) mandatory energy end-use objectives; 2) public outreach and education activities in the field of energy efficiency. (6) the order in which a development financial institution uses the country energy efficiency fund and provides an overview of how to use them, be determined by the Cabinet of Ministers. (7) the municipal energy efficiency fund creator and holder is a municipality. Article 6 of this law in the eighth paragraph of the responsible party who made contributions to the municipal energy efficiency fund may not be a local government energy efficiency fund administrētāj. (8) a municipal energy efficiency Fund financial source is: 1) of the municipal budget; 2) article 6 of this law in the eighth, referred to in part in the territory of the municipality registered parties responsible contributions; 3) other financial sources. (9) municipal energy efficiency fund for energy efficiency improvement measures in the following areas: 1) mandatory energy end-use savings target to be achieved; 2) municipal planning documents for the implementation of energy efficiency policies; 3) energy management system and activities for the maintenance of the municipality.
(10) State and local business support provides the control of compliance with the regulatory framework of the energy efficiency fund. 8. article. Voluntary agreements on energy efficiency (1) merchants representative organisations, economic operators and the authorities are entitled to conclude a voluntary agreement with the State in the person of the Ministry responsible for energy efficiency, including the promotion of energy efficiency services. (2) the responsible Ministry can provide support for energy audits and energy efficiency improvement for the individual measures taken in accordance with the laws and this agreement. (3) voluntary agreement conditions, content, duration and follow-up shall be determined by the Cabinet of Ministers. 9. article. The conditions for carrying out energy audits

(1) in performing energy audits, use up-to-date and verified data on energy consumption, as well as the electricity load profile. (2) energy audit includes a detailed review of: 1) building or group of buildings, process or equipment, including transport, energy structure and energy efficiency; 2) energy efficiency improvement measures with the largest estimated energy savings or economic returns, if possible, based on life-cycle cost analysis, as well as low-cost measures. Energy audits of each measure in the invaluable results in energy savings achieved. (3) energy audits energy audits of data used in 10 years. (4) Energoauditor energy audit must, on request, the results put energy efficiency service provider that the recipient of the service with energy efficiency energy efficiency concluded a service contract, unless the reviewer and energy audits energy audits of Subscriber's agreement to the contrary. (5) Cabinet of Ministers determines the company energoauditor (legal person) sliding the competency requirements and competencies for certification procedures supervisory procedures of the company energoauditor and its responsibility, the order in which to do business energy audit, and the order in which the responsibility of the Ministry of the economy in the existing information system will be an energy audit report, as well as the content of this report and order. Chapter IV. Energy audit and energy management in article 10. Energy audits in large enterprises (1) big company is a trader, at which employs more than 249 employees or which report an annual turnover exceeding eur 50 million and the annual balance sheet total: eur 43 million (big company). (2) the list of majors each year up to December 1, creates a Central Statistical Bureau, through the last approved accounting period data. The company is included in the list of great companies, if two consecutive reporting periods correspond to a large company. (3) energy audits for large companies to take business energoauditor, subject to the requirements of the law. (4) Large Business energy audits will cover at least 90 percent of a large company's total final energy consumption. (5) large companies regularly perform energy audits. The first energy audit must be carried out by the company during the year are incorporated in the second part of that list. Current energy audit to be performed every four years. (6) in the fifth subparagraph of this article, this requirement does not apply to large companies, if they introduced and certified energy management system implemented and certified or an environmental management system and this system is a continuous evaluation process energy consumption, to control and reduce energy consumption, covering at least 90 percent of a large company's total final energy consumption, and ensure the energy evaluation of compliance with article 9 of this law, the first and second parts. Energy management and environmental management standard, applicable to the requirements of this law, the order in which complements the environmental management system and certifying the environmental management system, replenishment, providing a continuous evaluation process energy consumption and replenishment to certify eligible institutions determined by the Cabinet of Ministers. (7) the big company reported to the Ministry responsible for energy audits or the sixth part of this article that the energy management system of certified or certified environmental management system implementation, the proposed energy efficiency measures, as well as the yearly report on introduced energy efficiency improvement measures and the results achieved in energy savings. Reporting arrangements shall be determined by the Cabinet of Ministers. (8) the big company introduces at least three energy audits or the sixth part of this article that the energy management system of certified or certified environmental management system proposed in the framework of the energy efficiency improvement measures with the largest estimated energy savings or economic return. 11. article. Energy audits of small and medium-sized enterprises energy audits of small and medium-sized enterprises to take: 1) the independent expert in the field of energy performance of buildings; 2) energoauditor. 12. article. The energy management system of large electricity consumers (1) big electricity consumers is operator whose annual electricity consumption exceeding 500 megavatstund. Total energy consumption by Merchant shall not be included in the production of energy, which is transferred to the other users. (2) the large electricity consumers are obligated to maintain and implement an energy management system certified according to the standard, covering at least 90 percent of the large consumer of electricity in the total energy end-use and ensuring energy consumption evaluation of compliance with article 9 of this law, the first and second parts. (3) the second paragraph of this article, the requirement does not apply to large electricity consumers if it until this date of entry into force of the law to put in place environmental management systems, and six months from the entry into force of this law the day it complemented and certified, to control and reduce energy consumption, covering at least 90 percent of the total energy end-use and ensuring energy consumption evaluation of compliance with article 9 of this law, the first and second parts. (4) energy management and environment management standards applicable to the requirements of this law, the order in which complements the environmental management system and certifying the environmental management system, replenishment, providing a continuous evaluation process energy consumption and replenishment to certify eligible institutions determined by the Cabinet of Ministers. (5) in the second and third parts of the requirements do not apply to large electricity consumers if it regularly supports energy audits. Energy audit to be performed every four years. (6) the big electricity consumers shall notify the competent Ministry for energy audits or that referred to in the second subparagraph of article certified energy management system implementation, or referred to in the third subparagraph of the certified environmental management system, replenishment, the proposed energy efficiency measures, as well as the yearly report on introduced energy efficiency improvement measures and the results achieved in energy savings. Reporting arrangements shall be determined by the Cabinet of Ministers. (7) the big electricity consumers in the energy management system the environmental management or complement system introduced at least three it recommended energy efficiency measures with the largest estimated energy savings or economic return. (8) for the certified energy management system in existence in qualifying criteria that are taken into account in assessing the large electricity consumer applications, where the project will be fully or partially implemented through the types of aid as a payment from the State or local government, public or local government guarantees, credit for interest rate subsidies and other financial assistance that is allocated or provided from the State, local governments or the European Union budget and foreign financial assistance. (9) the system operator shall have the obligation to provide every year the Ministry responsible to large electricity consumers the appropriate merchant status of annual energy end-use data. The order in which the system operator shall provide the competent Ministry of the great power status of the consumer for the merchant annual energy end-use data are certain energy efficiency monitoring system. (10) If the large electricity consumers is also consistent with article 10 of this law in the first part of the criteria set out in the applicable article 10 of this law. 13. article. Energy efficiency levy

(1) energy efficiency levy aims to promote energy efficiency and to ensure the implementation of the energy management system controls. (2) energy efficiency levy paid in large electricity consumers, who have not complied with this law, article 10 in the fifth, the sixth and the seventh subparagraph of article 12, as well as the second, third and fourth paragraph. (3) energy efficiency toll calculation and control of application procedures determined by the Cabinet of Ministers. The fee charged to the energy efficiency of the State budget, according to article 7 of this law. (4) energy efficiency levy is administered by the Ministry of economy. (5) the income from the fees as energy efficiency grant from the State's general revenue general plan in the State budget for this purpose in the budget of the Ministry of the economy in accordance with the relevant subprogramme/year in projected state budget (projected) revenue from government fees and the responsible parties. The Ministry of economy is responsible for expenses not exceeding the State into general government fees payment. (6) in the fifth subparagraph of this article that use of grants: 1) of the Ministry of economy energy efficiency objectives for monitoring and reporting, as well as energy savings for the maintenance of the database; 2) national energy efficiency fund. (7) the Ministry of economy ensures the transfer of contributions to national energy efficiency fund. 14. article. Energy efficiency services (1) energy efficiency services are provided in accordance with a written agreement on a specific energy efficiency improvement measures, concluded the energy efficiency services and energy efficiency service provider-merchant who provides energy efficiency services or carrying out other energy efficiency improvement measures in the end user's facility or premises. If energy efficiency is a recipient of the service, the State or municipality, the contract shall be concluded for a period not exceeding 20 years. (2) energy efficiency service agreement includes at least the following information: 1) the list of energy efficiency improvement measures, implementation plan and estimate; 2) the guaranteed energy savings to be achieved by implementing the Treaty in certain energy efficiency improvement measures, and its identification; 3) rules for the guaranteed savings measurements and their quality checks; the 4) period of validity of the contract and interim reporting period, breach of contract conditions and deadlines; 5 obligations of the Contracting Parties), including the energy efficiency service provider responsibilities through subcontracting with third parties, including the energy efficiency concluded service contract equivalent requirements and sanctions in case of infringement; 6) the order in which document all project changes during the energy efficiency improvement measures, their implementation plans and estimates; 7) project financial impact and bring the money in savings, including the remuneration of the service provider, the distribution among the Contracting Parties; 8) rules that explain how to handle cases when changing framework conditions affecting the content and outcome of the agreement (in the event of changes in energy prices, the intensity of use of the equipment). (3) energy efficiency services cannot include public service tariffs (prices). (4) energy efficiency services comply with the following conditions: 1) energy efficiency services costs covered by part of its energy efficiency improvements or energy savings financial values occurred, providing energy efficiency services; 2) energy efficiency service provider undertakes a project financial, technical and commercial risks. (5) on the basis of the energy efficiency of public procurement contract of service, the Subscriber shall stipulate the purpose of which is to provide energy efficiency services agreement with this article the first, second and fourth part. (6) the distribution operators and energy retailers comply with the principles of good commercial practice, including as regards energy efficiency services or other energy efficiency improvement measures and the provision of such services or activities and market development. Responsibility for the anti-competitive acts determined by law in the field of competition. Chapter v. Energy efficiency monitoring and public information article 15. Energy monitoring (1) the responsible Ministry shall establish and maintain the energy efficiency monitoring system (System), as well as lists the energy savings. The system and structure is determined by the Cabinet of Ministers. (2) energy efficiency monitoring system aims to collect and systematize information on all of the energy efficiency improvement measures carried out by the fourth paragraph of this article these support types, and their results, as well as any other energy efficiency related information to control the national indicative energy savings target and other performance objectives and national energy efficiency action plan. (3) on the financing of the competent authorities determine the evaluation criteria and the energy efficiency of the applied indicators outside the existing activities or project energy consumption for those activities that are not directly focused on the improvement of energy efficiency, however, contribute to it. (4) If a project is fully or partially implemented through the types of aid payments from the State or local government, public or local government guarantees, credit for interest rate subsidies and other financial assistance that is allocated or provided from the State, local governments or the European Union budget and foreign financial aid funds, and it is certainly referred to in the third subparagraph the evaluation criteria energy efficiency improvement, performance indicators or project energy consumption figures, the reporting obligations of the beneficiary at the project for the next three years every year provides information that this article is referred to in the third subparagraph, the competent authority according to the beneficiary and the responsible authorities concluded the contract for the respective object power consumption before and after implementation of the project, unless the beneficiary and responsible authority specified in the contract, the other reporting period. The responsible authority shall collect the information received and inform the responsible Ministry. 16. article. End user with information, energy accounting (1) electricity, gas or heat a trader to the end user, requiring no separate fee, provides the opportunity to receive: 1) invoice and billing information; 2) approach end-user energy consumption data. (2) a Person who provides information to the invoice preparation and delivery of separate premises listed or estimated heat consumption (hereinafter referred to as billing information) residential building where the heating is provided from the heat source or from a central heating system is entitled to require the preparation of the invoice information related to costs, to the extent such costs are reasonable. At the request of the end user cost reasonableness checks the consumer rights protection centre. (3) the system operator, installing a smart meter, the komercuzskait provides information about the users of energy meter display management and energy consumption monitoring capabilities. (4) the system operator shall, taking into account the needs of the users of energy and potential benefits, determine the minimum gauge of the intelligent komercuzskait functions, including the ability to obtain information on the actual energy consumption in a given period. (5) the system operator in accordance with individual data protection law provides intelligent measuring system of the komercuzskait data, as well as power user data protection. Article 17. Administrative liability for violations Of this law this law, article 6 of the fifth subparagraph of article 10, fifth subparagraph, and article 16, first paragraph, the request is not complied with or is not properly performed the person called to the Latvian Code of administrative offences establishes liability.

Transitional provisions 1. With the entry into force of this law shall lapse energy end-use efficiency Act (the Latvian journal 27, 2010 no; 2011, 148. no; 2013, no 194). 2. the Cabinet of Ministers until 2016 1 October issue of this law article 5, fourth and fifth paragraphs of article 6 in the second, fifth, sixth, seventh and eighth, sixth paragraph of article 7, article 8, in the third paragraph of article 9 in the fifth subparagraph, article 10 of the sixth and the seventh subparagraph of article 12 in the fourth, sixth and ninth paragraph, in the third paragraph of article 13 and article 15 of the provisions referred to in the first paragraph. 3. the transitional provisions referred to in paragraph 2 of the Cabinet of Ministers Regulations entry into force, but no longer than up to 2016 and 30 September of the following applicable Cabinet of Ministers regulations, in so far as they are not inconsistent with this law: 1) Cabinet-July 12, 2011 rules No 555 "provisions on procedures and monitor the agreement on energy efficiency"; 2) Cabinet Minister 12 March 2013 rules no. 138 "rules for industrial energy audits"; 3) Cabinet of 30 September 2010, the Regulation No. 923 "procedures listed State energy end-use savings and provides energy efficiency monitoring system". 4. Article 5 of this law referred to in the second subparagraph of the provision system to 2017 April 1. 5. Authorities and county municipalities, which this law enters into force this law meets 5. criteria referred to in the third subparagraph, shall ensure the implementation of the energy management system until 2017 November 1. 6. This law, article 6 of the sixth part of the requirements applicable from 1 January 2017. 7. The Cabinet of Ministers until 1 July 2016 to approve this law, article 4 referred to in the third subparagraph of policy action plan. 8. Article 10 of this law in the fifth paragraph of the first audits big company made up to March 31, 2017. 9. Article 10 of this law the eighth of these energy efficiency improvement measures implemented up to 2020, April 1 but the seventh article 12 referred to energy efficiency measures — up to 2022. on 1 April. 10. The big electricity consumers in this law article 12 referred to in the second paragraph of the introduction of the system, the system referred to in the third subparagraph or added to in the fifth subparagraph, the first audits carried out before 2018 April 1. 11. energy audit report of the company registration in the Ministry of economy information system start not later than 1 July 2017. 12. company energoauditor in the cabinet order until 2017 January 31, shall be submitted to the Ministry of Economy information about energy audits of companies and large enterprises the number of energy audits performed by 2016 December 31. 13. the Ministry prepares information on the national energy efficiency action plan and submit it to the European Commission of 30 April 2017 and 2020 of 30 April.
Informative reference to European Union directive included provisions in the law arising from the European Parliament and of the Council of 25 October 2012 the 2012/27/EU directives on energy efficiency, amending Directive 2009/125/EC and 2010/30/EU and repealing Directive 2004/8/EC and 2006/32/EC. The Parliament adopted the law of 3 March 2016. The President of the Parliament instead of the President i. Mūrniec Riga 2016 March 15.