Pursuant to the Law on Energy Efficiency and Rational Use of Energy and the accompanying regulation, obligated entities within the energy management system include companies and public enterprises which, depending on their activity, reach prescribed energy consumption thresholds at at least one location.

In the manufacturing sector, this threshold amounts to 25 GWh per year, while in the trade and services sector it amounts to 7 GWh per year.

Entities that meet these criteria are required to notify the Ministry of Mining and Energy of acquiring the status of an obligated entity within the energy management system.

In addition to the above, obligated entities are subject to a number of other legal obligations, including monitoring consumption, planning, organization, implementation of measures, and reporting. Essentially, an obligated entity is required to establish and implement an energy management system through the adoption of internal acts (program, annual energy efficiency plan, internal regulations), appointment of qualified personnel, implementation of energy efficiency measures, conducting energy audits by authorized persons, and regular reporting to the Ministry of Mining and Energy.

Obligated entities are required to appoint at least one energy manager for each location.

An energy manager is a natural person holding an energy manager license, appointed by the obligated entity to monitor and record energy consumption patterns and quantities, propose energy efficiency measures, and perform other duties as prescribed by law.

An energy manager meets the appointment requirements if they hold the appropriate license in accordance with the law, issued by the Ministry, which is also responsible for organizing training and examinations.

An obligated entity may appoint an energy manager by:

• assigning these duties to an employee who meets the prescribed requirements (internal appointment, within an employment relationship), or
• engaging a person who is not employed by the entity, in accordance with regulations governing labor relations (external engagement, based on a service contract).

The manner in which the obligated entity fulfills this requirement depends solely on its discretion and assessment of the optimal method of compliance.

The appointment of an energy manager is a matter of timely compliance with the law. If a company exceeds the prescribed energy consumption thresholds, appointing an energy manager becomes a legal obligation. Failure to comply may result in misdemeanor liability for both the legal entity and the responsible individual.

Therefore, it is of key importance for companies to determine in a timely manner whether they qualify as obligated entities and, if so, to promptly take the necessary steps toward establishing an energy management system.

This article is to be considered as exclusively informative, with no intention to provide legal advice. If you should need additional information, please contact us directly.