RUSSIAN FEDERATION: Clarification of the Ministry of Energy on Certain Issues of Application of the Legislation of the Russian Federation Regarding Energy Audits

Meta Data
Title in national language: 
Разъяснения Минэнерго России "По отдельным вопросам применения законодательства Российской Федерации в части проведения энергетического обследования"
Draft: 
No
Revision of previous policy?: 
No
Draft Year: 
2012
Effective Start Year: 
2012
Scope: 
National
Document Type: 
Other
Economic Sector: 
Energy, Power
Energy Types: 
Coal, Oil, Power, Gas, Other
Issued by: 
Ministry of Energy of the Russian Federation (Minenergo)
Notes: 
No official English version available
Source: 
Regulatory Database 'Consultant Plus' (RU)
File: 
Clarification of Minenergo Regarding Energy Audits 2012 (RU)
Overall Summary: 
The clarification provides the view of the Ministry of Energy of the Russian Federation (Minenergo) on certain views regarding the application of legislation on mandatory energy audit, obtained on the basis of analysis of the energy performance certificates, filed by the self-regulatory organizations in the field of energy audit and the requests to to clarify certain provisions of the legislation in the field of energy audits.
Efficiency
Energy Service Companies (ESCOs): 
2.1. The list of persons subject to mandatory energy audits In accordance with paragraph 1 of Article 16 of the Federal Law 261-FZ energy inspection is obligatory for the following persons: 1) state authorities, local governments and authorized entities; 2) the organization of the state or municipality; 3) organizations engaged in regulated activities; 4) organizations engaged in the production and (or) transportation of water, natural gas, thermal energy, electricity, natural gas, oil, coal, production of petroleum, natural gas processing, oil, transportation of oil; 5) organization, the total cost of which the consumption of natural gas, diesel and other fuel, oil, heat, coal, electricity exceeds ten million rubles per calendar year (previous year of energy audits); 6) organizations conducting activities in the field of energy conservation and energy efficiency, financed wholly or in part at the expense of the federal budget, the budgets of subjects of the Russian Federation, local budgets. It should be borne in mind that in accordance with Article 2 of the Federal Law 261-FZ of the organization with the participation of the state or municipality - is a legal entity, whose authorized capital share (contribution) of the Russian Federation, the subject of the Russian Federation, the municipality is more than fifty percent and (or) in respect of which the Russian Federation, subject of the Russian Federation, municipalities have the right to directly or indirectly control more than fifty percent of the total number of votes relating to voting shares (stakes) in the authorized capital of legal entities, state or municipal unitary enterprises , state or municipal institutions, public companies, public corporations and legal entities whose property or more than fifty percent of the shares or shares in the authorized capital of which are owned by public corporations and regulated activities - are activities carried out by the subjects of natural monopolies, organizations utilities sector, for which according to the Russian Federation is szakonodatelstvom regulation of prices (tariffs). 2.2. Mandatory energy audit entities located in buildings that are monuments of history and culture Exceptions in the form of exemption from the mandatory energy audit for the persons mentioned in paragraph 1 of Article 16 of the Federal act N 261-FZ, when they are placed in buildings and structures that are in accordance with the legislation of the Russian Federation are the objects of cultural heritage (monuments of history and Culture), the legislation of the Russian Federation is not provided. 2.3. Mandatory energy audit of organizations located in rented premises In accordance with the Federal Law N 261-FZ of the need for mandatory energy audit does not depend on the type and scope of rights in buildings and other objects in the disposal of individuals for which an energy audit is mandatory. Thus, if a person does not have on the balance of premises and other facilities, but meets the requirements of Part 1 of Article 16 of the Federal Law 261-FZ, it must hold a mandatory energy audit within the terms. Thus in respect of the premises and other facilities owned on a leasehold basis, mandatory energy audits at the expense of the tenant is not carried out (unless otherwise provided by agreement of the parties), and energy saving measures and energy efficiency are determined by the terms of the lease. 2.4. Mandatory energy audit organizations having separate divisions In accordance with paragraph 3 Requirements for the energy performance certificate, based on the results of mandatory energy audits and energy performance certificate, drawn up on the basis of project documentation, approved by order of Ministry of Energy of Russia dated April 19, 2010 N 182 (further - Requirements), if the separate divisions of the subject (branches, representative offices) in other municipalities in the energy passport attached form in accordance with Annexes 2 NN - 23 to the requirements filled for each separate unit. These forms are filled, taking into account the legal status and other features of a separate division. Summary data on this person is of the form in accordance with Annexes 2 N N - 23 to the requirements filled for the subject. 2.5. Making energy performance certificate on the results of mandatory energy audit The recommended structure of the XML file, a copy of the Energy Passport, based on the results of mandatory energy audits, refer to the official website of the Russian Energy Ministry (http://minenergo.gov.ru (link is external)) Section Activity - Energy saving and energy efficiency - Documents. Energy performance certificates created by the Microsoft Office programs, and saved in the format of Extensible Markup Language (XML), do not meet the recommended structure of XML file. Energy passport, based on the results of mandatory energy audits, shall contain the form in Annex N N 2- to 23 claims (all mandatory), regardless of their fullness. The passport must contain information for the four preceding years and the base. In accordance with paragraph 2 of Article 17 of the Federal act N 261-FZ, a copy of the passport of energy, based on the results of mandatory energy audits, shall have the right to direct the authorized federal agency only self-regulatory organization in the field of energy audits. Each self-regulatory organization in the field of energy audits once every three months is required to send a certified copy of the energy passport, compiled by members of a self-regulatory organization on the results of them during the period of mandatory energy audits. 3.2. Providing data energy certificates drawn up by the results of the voluntary energy audits In accordance with Part 5 of Article 15 of the Federal act N 261-FZ energy audit carried out on a voluntary basis, except if in accordance with Federal Law N 261-FZ, it must be carried out without fail. Paragraph 2 of the Regulation governs the reporting of copies of passports of energy, based on the results of voluntary energy audits, the Ministry of Energy of Russia. Collection of data contained in the energy performance certificate, based on the results of voluntary energy audits, carried the Russian Energy Ministry by sending a request to the self-regulatory organization in the field of energy audits. The request includes a list of information in accordance with the Federal Law N 261-FZ and the form of its provision. Energy audits of residential buildings, separate administrative buildings, structures or facilities, other property with the preparation of these assets are held energy certificates voluntarily. In accordance with the Regulations up energy certificates drawn up as a result of voluntary energy audits are sent to the Ministry of Energy of Russia exclusively on request the Ministry of Energy of Russia. The documents submitted on paper must be signed by the director (authorized person) self-regulatory organization in the field of energy audits and sealed.