Five-year settlement period
Article 6(5)(c) of the Proposal stipulates that, ‘Within the energy efficiency obligation scheme, Member States may:
allow obligated parties to count savings obtained in a given year as if they had instead been obtained in any of the two previous or two following years’.
The interpretation of this provision may, to a certain extent, be contentious but to me it is equivalent to the establishment of five-years settlement periods as regards calculations of the respective energy savings.
Short-term savings – discriminated form of energy efficiency measures
It should be noted that under energy efficiency scheme, not all energy efficiency measures have an equal significance. Annex V to the Proposal establishes the list of measures that target short-term savings. The following were included on the list:
a) distribution or installation of energy efficient compact fluorescent light bulbs;
b) distribution or installation of energy efficient shower heads;
c) energy audits;
d) information campaigns.
The list has the effect that the measures appearing thereon should not account for more than 10% of the amount of energy savings required from each obligated party and shall only be eligible to count towards the obligation if combined with measures to which longer-term savings are attributed (Article 6(3) of the Proposal).
The Proposal stipulates that ‘if appropriate’, the Commission shall establish, by means of a delegated act, a system of mutual recognition of energy savings achieved under national energy efficiency obligation schemes. Such a system shall allow obligated parties to count energy savings achieved and certified in a given Member State towards their obligations in another Member State. Taking into account the transnational character of the contemporary business it seems that the adoption by the Commission of such a delegated act would be ‘appropriate’, and to some extent, urgent.