The ESOS deadline has not been extended - you must still act by 5 December

The Environment Agency has stated that it is not normally expecting to take enforcement action for late notification of compliance with the requirements of ESOS provided it is received by 29 January 2016

Posted on 09 November 2015.

However, companies are still required to inform the EA by the 5th December if they cannot comply fully by 5 December 2015, why they have been unable to comply and when they expect to submit their notification of compliance.

The EA makes it clear that this is not an extension to the legal deadline, but reflects their ability to exercise discretion when taking enforcement action.

This notification date also still applies for those organisations that have decided to achieve compliance by certification to ISO 50001 (international energy management standard), although these organisations have been given until 30 June 2016 to achieve ISO 50001 certification as a form of compliance.

The EA has the powers to levy onerous fines for organisations that do not comply, but has a strategy to bring bodies into compliance using enforcement notices where necessary (normally allowing up to 3 months for organisations to remedy the outstanding compliance actions) and serving civil penalties only in the most serious cases.

In cases where an organisation’s energy use is at a domestic level the EA have said they will not normally enforce the requirements for fully-compliant ESOS audits or alternative routes to compliance, and lead assessor review. But the organisation concerned would still need to make a notification, confirm their energy use falls below the domestic threshold, consider and document opportunities for reducing their energy consumption and record their compliance approach in their evidence packs.

Organisations that qualify but have zero energy consumption, will only need to declare this. In such cases the EA have said they will not normally enforce other elements of the scheme.

If an organisation makes a late notification they are expected to do as much as they can before the deadline, keep records in their evidence pack of their efforts towards ESOS compliance, including appointment of a lead assessor, prior to the deadline.

To notify the Environment Agency of your intention to comply with ESOS after the deadline, visit the Environment Agency’s ESOS website by following this link https://www.gov.uk/guidance/energy-savings-opportunity-scheme-esos.  Click on online form on the website and complete the on-screen form. 

If you would like any support with any issues relating to ESOS, please contact george.richards@jrpsolutions.com who will be happy to help you.