EED Implementation into Flemish Legislation and the New EBO3 Framework

For companies with an annual energy consumption exceeding 2,778 MWh (10 TJ), new compliance obligations are on the horizon. For many businesses, this will be the first time they are subject to the mandatory energy audit requirement.

What does this mean for your business?

The most significant change is the lower threshold for mandatory energy audits. While the current legislation primarily applies to large energy consumers, companies with lower annual energy consumption will soon also be subject to additional compliance obligations.

The proposed framework is as follows:

• 10 to 50 TJ annual energy consumption: Mandatory energy audit and implementation of all energy-saving measures with a payback period of up to three years.
• 50 to 100 TJ annual energy consumption: Mandatory energy audit and implementation of measures with an Internal Rate of Return (IRR) of at least 13%.
• More than 100 TJ annual energy consumption: Mandatory energy plan, with the same profitability requirement (minimum IRR of 13%).

In addition, the entry threshold for the new Energy Policy Agreement (EBO3) will be lowered to 85 TJ (23,611 MWh), allowing more companies to participate.

Energy management becomes a structural requirement

Another important development is that companies with an annual final energy consumption of at least 85 TJ will not only be required to comply with audit and reporting obligations but will also need to implement an energy management system. The focus is shifting from periodic assessments to continuous monitoring and improvement of energy performance.

One way to meet this requirement is by implementing an ISO 50001 Energy Management System—the internationally recognised standard for establishing an effective and practical energy management system within your organisation.

The Flemish Government is also considering several alternative compliance routes, although these are still subject to the final legislation:

• ISO 14001 supplemented with energy management requirements; or
• An energy management system that complies with the future EBO3 requirements (an extension of the current Annex 9).

What does this mean for your organisation?

The practical implementation of the new legislation will be further clarified in the coming months. Now is the ideal time to assess whether your organisation will fall within the scope of these new obligations.

A timely review of your energy consumption and current energy management practices will help you avoid surprises once the legislation comes into force. Companies that start preparing now will also have more flexibility to spread the implementation over time.

Enprove helps you stay ahead

At Enprove, we support companies with energy audits, energy management, compliance with statutory energy obligations, and the implementation of practical energy-saving measures.

Would you like to understand how the new legislation will affect your organisation? Feel free to contact our specialists. Together, we will assess your situation and ensure you are well prepared for the upcoming changes.

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