S.L. 623.7 Art. 10Availability of energy audits to final customers.

(1) The Minister shall promote the availability to all final customers of high quality energy audits which are cost-effective and carried out in an independent manner by qualified and, or accredited experts according to qualification criteria.

(2) The energy audits referred to in sub-regulation (1) may be carried out by in-house experts or energy auditors: Provided that the Minister shall have put in place a scheme to assure and check their quality, including, if appropriate, an annual random selection of at least a statistically significant percentage of all the energy audits they carry out.

(3) For the purpose of guaranteeing the high quality of the energy audits and energy management systems, the Minister shall establish transparent and non-discriminatory minimum criteria for energy audits based on the principles set out in the Sixth Schedule.

(4) Energy audits shall not include clauses preventing the findings of the audit from being transferred to any qualified and, or accredited energy service provider, on condition that the customer does not object. Notwithstanding the foregoing, the findings of the audit shall promptly be submitted to the Minister upon being demanded and in any case by not later than seven (7) days from such demand being made.

(5) The Minister shall develop programmes to encourage small and medium-sized enterprises to undergo energy audits, and the subsequent implementation of the recommendations from these audits. The Minister shall also develop programmes to raise awareness among households about the benefits of such audits through appropriate advice services.

(6) On the basis of transparent and non-discriminatory criteria and without prejudice to Union State aid law, support schemes may be set up for SMEs including, if they have concluded voluntary agreements, to cover costs of an energy audit and of the implementation of highly cost-effective recommendations from the energy audits, if the proposed measures are implemented.

(7) The Minister shall also develop programmes to raise awareness among households about the benefits of the audits referred to in sub-regulation (6) through appropriate advice services. The Minister shall encourage training programmes for the qualification of energy auditors in order to facilitate sufficient availability of experts.

(8) The Minister shall bring to the attention of small and medium-sized enterprises, including through their respective representative intermediary organisations, concrete examples of how energy management systems could help their business.

(9) Enterprises that are not SMEs shall commission an energy audit carried out in an independent and cost-effective manner by qualified and, or accredited experts or implemented and supervised th by independent authorities under national legislation by the 5 December 2015 and at least every four (4) years from the date of the previous energy audit.

(10) Energy audits shall be considered as fulfilling the requirements of sub-regulation (9) when they are carried out in an independent manner, on the basis of minimum criteria based on the principles set out in the Sixth Schedule, and implemented under voluntary agreements concluded between organisations of stakeholders and an appointed body and supervised by the Minister, or other bodies to which the Minister has delegated the responsibility concerned. Access of market participants offering energy services shall be based on transparent and non-discriminatory criteria.

(11) Enterprises, which are not SMEs, implementing an energy or environmental management system, certified by an independent body according to the relevant European or International Standards, shall be exempted from the requirements of sub-regulation (9):

Provided that the management system concerned includes an energy audit on the basis of the minimum criteria based on the principles set out in the Sixth Schedule.

(12) Energy audits may stand alone or be part of a broader environmental audit. An assessment of the technical and economic feasibility of connection to an existing or planned district heating or cooling network shall be part of the energy audit.

(13) Without prejudice to Union State aid law, incentive and support schemes may be implemented for the implementation of recommendations from energy audits and similar measures.