European Restructuring Monitor (ERM)
Eurofound's ERM database on restructuring-related legal regulations provides information on regulations in the Member States of the European Union and Norway which are explicitly or implicitly linked to anticipating and managing change.
Par. 1-8 of Regulation of the Minister of Energy of 5 October 2017 on the detailed scope and method of preparing an energy efficiency audit and methods of calculating energy savings
An energy audit and an energy efficiency audit are often mistaken for each other. These are activities of various scope and goals. An energy audit is mandatory for large enterprises, covering the entire energy economy of the enterprise, and its purpose is to identify potential energy savings. With exceptions, an energy efficiency audit is voluntary, and it concerns a specific project or undertakings aimed at improving energy efficiency. It is carried out for the purpose of obtaining so-called white certificates, explained below.
The energy audit must be carried out or commissioned by entrepreneurs who, in at least one of the last two financial years:
• employed an average of 250 or more employees or;
• achieved an annual net turnover from the sale of goods, products and services and financial operations in excess of EUR 50 million or the total assets of their balance sheet at the end of one of these years exceeded EUR 43 million.
According to the definition contained in the Act, an energy efficiency audit refers to a study containing an analysis of energy consumption and which determines the technical condition of a facility, technical device or installation, containing a list of projects aimed at improving the energy efficiency of a facility, technical device or installation, as well as an assessment of their economic and possible profitability. achieving energy savings.
As indicated above, conducting an energy efficiency audit is voluntary but there are exceptions. Enterprises selling electricity, heat or gaseous fuels to end users are legally obligated to obtain and submit, for redemption to the President of the Energy Regulatory Office (ERO), a certain number of energy efficiency certificates or to pay a substitute fee.
White certificates are energy efficiency certificates issued for the energy effect (energy savings) resulting from the implementation of the modernisation project. The first step to obtain a white certificate is to perform an energy efficiency audit for a selected project. The audit report constitutes an attachment to the application for their issuance. The right to have white certificates is obtained through an administrative decision of the ERO. After submitting the application, the ERO issues a decision on granting the promise of white certificates, and after the investment is completed and reported to the ERO, white certificates acquire the value of marketable property rights, listed on the stock exchange (Towarowa Giełda Energii). The unit of the real monetary value of the white certificate is a tonne of oil equivalent (toe). White certificates give rise to property rights that are monetary and are sold on the Polish Power Exchange, where they are bought by entities that do not improve energy efficiency, even though they are obliged to do so.
Currently, the programme 'Technical support to promote energy audit and investments in the field of energy efficiency in small and medium-sized enterprises' is being carried out, which is financed from the funds of the European Union Structural Reform Support Service (SRSS). The programme provides, inter alia, the collecting of best practices on energy efficiency and measures to improve it in small and mid-size enterprises (SMEs) and to create a database of these practices.
Eurofound (2021), Poland: Obligation to undertake energy efficiency audits, Restructuring legislation database, Dublin, https://apps.eurofound.europa.eu/legislationdb/obligation-to-undertake-energy-efficiency-audits/poland
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