1. OBLIGATIONS OF LARGE TRADERS

Obligations of large traders concerning mandatory energy audit that are stipulated in the Energy Efficiency Law include:

All large traders have the obligation to carry out regular energy audits every four years in line with the provisions of the Energy Efficiency Law and the Rulebook on energy audit of large traders.

Mandatory energy audits of large traders ensure:

• assessment and cost-effectiveness of the opportunities for reducing the energy consumption in buildings, additional (auxiliary) plants, equipment and industrial processes;
• determining the achieved savings resulting from the application of the measures for energy efficiency improvement and energy savings; and
• reduction of the emissions of harmful matters in the environment.

Energy audit is performed by:

• independent authorized energy auditors of large traders, on the grounds of contracts between the large trader and the holder of license for performance of energy audit of large traders; or
• authorized energy auditors of large traders that are employed with the large trader.

The large traders will not have the obligation to carry out energy audit if:

• they have implemented energy management system or environmental management system certified by accredited body for conformity assessment in accordance with the Accreditation Law, which is in accordance with the respective European or international (ISO) standards, under the condition that the management system includes energy audit that meets the requirements prescribed in accordance with the Rulebook on energy audit of large traders; or
• the energy audit is carried out as part of an environmental management system in the scope of the integrated environmental permit issued in accordance with the regulations in the area of environmental protection if the energy audit meets the detailed requirements prescribed by the Rulebook on energy audit of large traders.

Large traders are obliged to submit the report of the performed energy audit to the Agency within 30 days from the day of performing the energy audit, together with the data used in the preparation of the report.

In cases where they are not obliged to perform an energy audit, large traders are obliged to submit to the Agency the corresponding certificate, integrated environmental permit and other documentation confirming that the established system meets the requirements for energy audit prescribed by the Rulebook on energy audit of large traders, within 30 days of the issuance of the relevant certificate or integrated environmental permit.

If the requirements prescribed in accordance with the Rulebook on energy audit of large traders are met, the Agency, within 30 days from the day of receipt of the relevant documentation, shall issue a certificate for fulfilment of the obligation of large traders referred to in this Article.

The Agency keeps records of submitted reports on performed energy audits, as well as on the issued certificates.

2. IMPLEMENTATION OF ENERGY AUDIT OF LARGE TRADERS

The Agency performs an annual random review of the conducted energy audits of large traders, in accordance with the principles of transparency and non-discrimination, by checking a statistically significant and representative sample of all performed energy audits of large traders. For this purpose, the Agency may hire a suitably qualified external expert or legal entity.

If the Agency, based on the review, determines that the energy audit is not conducted in accordance with the Rulebook on energy audit of large traders, it shall submit a request for initiating a misdemeanour procedure in accordance with the provisions of the Energy Efficiency Law.

3. IMPLEMENTATION OF ENERGY AUDIT OF LARGE TRADERS

The Agency, at least once every three years, shall announce a call for selection of legal entities for implementation of training of energy auditors of large traders, and also for professional development of energy auditors of large traders.

The Agency shall adopt a decision on the selection of a legal entity for implementation of training and professional development of energy auditors of large traders if the legal entity submits a request and evidence that it meets the detailed conditions regarding the necessary equipment, premises and staff prescribed in accordance with the Rulebook on energy audit of large traders. The decision on the selection shall be valid for three years.

The Agency shall prepare and adopt the programmes for training and professional development of energy auditors of large traders no later than 31 October of the year in which the selection of legal entities for training implementation takes place. The programmes shall be published on the Agency’s website.

The Agency shall keep a register of the selected legal entities for implementation of training and professional development of energy auditors of large traders and publish it on its website.

Legal entities are obliged to implement the training and professional development of energy auditors in accordance with the Rulebook on energy audit of large traders and the programme for training and the programme for professional development of energy auditors of large traders.

The Agency shall monitor the quality of the implementation of training and professional development of energy auditors and if it finds irregularities or non-compliance with the provisions of this Law or the Rulebook on energy audit of large traders, it may adopt a decision revoking the decision on selection of a legal entity for organizing training of energy auditors of large traders.

An administrative dispute may be initiated against the decision of the Agency on revocation of the decision on selection.

4. CERTIFICATE FOR THE FULFILMENT OF THE OBLIGATIONS OF THE LARGE TRADERS

5. HOLDERS OF LICENCE FOR PERFORMING ENERGY AUDIT OF LARGE TRADERS

A license for performing energy audit of large traders may be obtained by a sole proprietor or a legal entity that has employed at least one person who holds an authorization for an energy auditor of large traders. The license is issued on the basis of a submitted request to the Ministry of Economy, enclosing a document for registered activity and proof of employment of an authorized energy auditor.

The holder of the license is obliged, by 31 January of the current year at the latest, to submit to the Agency an annual report on the performed energy audits in the previous calendar year, with which he encloses all individual reports on the performed energy audits for the reporting period.

Based on these annual reports, the Agency shall prepare an annual report on the performed energy audits of large traders in the course of the previous calendar year and submit it to the Ministry by 31 March of the current year at the latest.