Key Benefits:
Scheme of the State Secretary for Infrastructure and the Environment, 10 July 2015, No IENM/BSK-2015/103340, laying down rules for the implementation of Articles 8, fourth, fifth and sixth paragraphs, and 14, fifth and sixth paragraphs, of the Energy Efficiency Directive (PbEU 2012, L 315) (Temporary implementation of Articles 8 to 3) and 14 Directive energy efficiency)
The State Secretary for Infrastructure and the Environment,
Having regard to Article 8, fourth, fifth, and sixth paragraph, and Article 14, fifth and sixth paragraph, of Directive 2012/27 /EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009 /125/EC and 2010/30 /EU and repealing Directives 2004 /8/EC and 2006 /32/EC (PbEU 2012, L 315) and the Articles 21.6, 6th paragraph -That's right. 8.40, first paragraph, of the Environmental Protection Act ;
HAS DECIDED:
For the purposes of this arrangement:
a. energy audit: the energy audit referred to in Article 2 (25) of the Directive;
b. European Standard: standard as referred to in Article 2 (12) of the Directive;
c. High-efficiency cogeneration: high-efficiency cogeneration as referred to in Article 2 (34) of the Directive;
ed. major refurbishment: major renovation as referred to in Article 2 (44) of the Directive, other than the application of facilities for the capture of carbon dioxide produced by an incineration plant for geological storage as determined by Directive 2009 /31/EC of the European Parliament and of the Council of 23 April 2009 (PbEU 2009, L 140);
e. establishment: Device as intended Article 1.1, first paragraph, of the Environment ;
f. international standard: standard as referred to in Article 2 (13) of the Directive;
g. Cost-benefit analysis: the cost-benefit analysis provided for in Article 14, fifth paragraph, of the Directive;
h. Koudenet: Cold-length and cold-cold Article 1 (c) of the Act implementing EU directives energy efficiency ;
i. useful heat: useful heat as referred to in Article 2 (32) of the Directive;
j. undertaking: a device as referred to in Article 1.1, first paragraph, of the Environment , which is also to be regarded as an undertaking referred to in Title I of the Annex to Recommendation 2003 /361/EC of the European Commission of 6 May 2003 (PbEU 2003, L 124) and which does not also belong to the small and medium-sized category undertakings referred to in Article 2 (26) of the Directive;
k. Directive: Directive 2012/27 /EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009 /125/EC and 2010/30 /EU and repealing Directives 2004 /8/EC and 2006 /32/EC (PbEU 2012, L 315);
l. combustion plant: combustion plant as specified in Article 1.1, first paragraph, of the eco-management act ;
m. Heat set: Hot set as specified in Article 1 (c) of the Warmth Law .
1 The person who drives an undertaking shall ensure that:
a. The undertaking is undergoing an energy audit carried out by 5 December 2015 at the latest, and at least every four years thereafter;
b. of the energy audit a report is made.
2 The implementation of the energy audit shall meet the minimum criteria set out in Annex VI to the Directive.
3 The energy audit report shall contain at least the following information:
a schematic overview of all the energy flows existing within the undertaking, the size and distribution by function of those energy flows and all conversions to other energy carriers based on current, measured and traceable energy sources data on energy consumption and electricity tax profiles;
b. a description of the main internal and external factors which positively and negatively affect energy consumption by the undertaking;
c. a quantified overview of the energy savings potential of the company in respect of the next four years;
d. A description of possible cost-effective energy-saving measures.
4 The report of the energy audit shall be forwarded to the competent authority within four weeks of its completion.
5 The competent authority shall assess whether the obligations referred to in the first to the third paragraph have been fulfilled.
Of the obligations, for the purpose of Article 2, first paragraph , the person who drives an undertaking shall be exempt:
a. and with that company has acceded to the Multi-Year Agreement Energy Efficiency 2001-2020 or the Multi-Year Agreement Energy Efficiency ETC Enterprises;
(b) apply an energy management system as referred to in Article 2 (11) of the Directive which is certified according to European or international standards and includes an energy audit meeting the minimum criteria set out in Annex VI to this Directive; the Directive.
1 The person who drives a device shall carry out a cost-benefit analysis if it intends to:
a. A new power generation combustion plant with a total thermal input of more than 20 MW, to calculate the costs and benefits of the operation of that plant as an installation with high-efficiency cogeneration;
b. to perform a major renovation of an existing combustion plant for electricity generation with a total rated thermal input of more than 20 MW, in order to reduce the costs and benefits of being converted from that plant to An installation with high-efficiency cogeneration shall be calculated;
c. To establish a new industrial combustion plant with a total thermal input of more than 20 MW generating waste heat at a usable temperature, or, in respect of such an installation, to permit a major refurbishment To calculate the costs and benefits of the use of waste heat in order to meet economically demonstrable demand as referred to in Article 2 (31) of the Directive into heat and from the connection of that plant to a heat set or yardet;
d. to establish a new heat set or cold set, or to apply a major renovation in respect of such a grid, in order to calculate the costs and benefits of the use of waste heat from nearby industrial plants;
e. to establish a new combustion plant for the production of energy with a total thermal input of more than 20 MW, in a heat set or a cold set, or to apply a major refurbishment to such an installation, to calculate the costs and benefits of the use of waste heat from nearby industrial plants.
2 The implementation of the cost-benefit analysis complies with the principles set out in Part 2 of Annex IX to the Directive.
3 By way of derogation from the first paragraph, a cost-benefit analysis shall not be carried out if it follows from a preliminary analysis that execution of the cost-benefit analysis is unlikely to result in the sum of the expected benefits being greater than the sum of the expected costs. A preliminary analysis shall include, where appropriate, an investigation into:
a. The presence of adjacent heat or cold socks which could be connected to and the technical possibility to do so;
b. The available space in a heat or cold store located in the vicinity;
c. the organisational, legal and economic feasibility of high-efficiency cogeneration, the use of waste heat or a connection to a thermal or cold heat set situated in the vicinity.
4 The person to whom an obligation as referred to in paragraph 1 rests, shall submit the results of the cost-benefit analysis to the competent authority, together with the notification provided for in the first paragraph of this Article. Article 1.10 of the Environmental Management Decision .
1 Article 4, first paragraph, parts c, d and e , do not apply if:
a. the amount of available heat or heat demand, at a distance between the industrial plant and the heat set or hosidenet of more than one kilometre but not more than three kilometres, is less than 2500 GJ per year;
b. the amount of useful heat available or the heat demand, at a distance between the industrial plant and the heat set or hoydenet of more than three kilometres, is less than 25000 GJ per year.
2 Article 4, first paragraph , does not apply to:
a. A device as specified in Article 15, introductory wording and point (b) of the Nuclear Energy Act ;
b. A production facility as intended by Article 1, first paragraph, point (ah) of the Electricity Act 1998 , to the extent that this installation has a function as an emergency and the capture of peak consumption and this installation, in that capacity, plan to be less than 1500 operating hours per year, as a rolling average over a period of five years, in holding is;
c. an installation that is close to a CO2 storage complex as intended Article 1 (s) of the Mining Act , to which on the basis of Chapter 3 of the Mining Act A storage permit has been issued.
1 The competent authority shall assess or fulfil the obligations referred to in the Articles 2 and 4 , it is fulfilled. The State Department for the Netherlands, the Netherlands, shall have the power to give its opinion, where appropriate, by the authority of the State.
2 In the previous calendar year, the competent authority shall forward to the National Service for Education the Netherlands the reports of the energy audit and the results of the cost-benefit analysis received by him in the previous calendar year.
The person who drives an undertaking and who, after 5 December 2011, is based on Article 2.15, second paragraph, of the Environmental Protection Act the competent authority is required to carry out or have carried out an investigation as referred to in that Article shall be exempt from the obligations provided for in this Article for a period of four years from the date of the completion of that investigation. Article 2, first paragraph .
This arrangement shall enter into force from the day following the date of issuance of the Official Journal in which it is placed.
This scheme is cited as: Temporary implementation of Articles 8 and 14 of the Energy Efficiency Directive.
This arrangement will be set out in the Official Journal.
TheState Secretary
of Infrastructure and the Environment,W.J. Mansveld
