Obligated parties – any form of energy at stake
Among obligated entities MEMO/11/440 enumerates, in principle, companies delivering gas, heating oil or electricity.
Interpreting the above mentioned requirements it is worth to be remembered, however, that obligated entity (energy distributors excepting) is every person who sells energy to final customers and the notion of ‘energy’ in the meaning of the Proposal captures practically any form of energy - combustible fuels, heat, renewable energy, electricity being only the most common form thereof (the Proposal refers in that regard to the definition stipulated in Article 2(d) of the Regulation (EC) No 1099/2008 of the European Parliament and of the Council of 22 October 2008 on energy statistics (OJ L 304, 14.11.2008, p. 1, as amended) which covers all forms of energy products).
The Proposal in Article 2(7) and (9) contains the exact definitions of, respectively, the energy distributor and the retail energy sales company. Thus, energy distributor under the energy efficiency scheme means a natural or legal person, including a distribution system operator, responsible for transporting energy with a view to its delivery to final customers or to distribution stations that sell energy to final customers, and retail energy sales company means a natural or legal person who sells energy to final customers.
Assuming that in order to be encompassed by the new energy efficiency obligations it is sufficient to sell to final customer any form of energy, the projected rules presumably could lead in some cases to unexpected effects. Therefore, the exemption provided for in Article 6(8) is worth considering. The exemption is possible on the basis of Member States decision and may relate to the small energy distributors and small retail energy sales companies, namely those that ‘distribute or sell less than the equivalent of 75 GWh of energy per year, employ fewer than 10 persons or have an annual turnover or annual balance sheet total that does not exceed EUR 2 000 000’. If a Member State takes appropriate decision, the entities mentioned will be exempted from the application of requirements of energy efficiency obligation scheme referred to in Article 6 of the Proposal. Energy produced for self use does not count towards these thresholds.