Last week, the Environment Agency issued new guidance on compliance with the ESOS obligations in which it stated that it was “not normally expecting” to take enforcement action against firms provided that they submitted the necessary notifications by 29th January 2016.
ESOS Deadline Not Extended
While in practice companies now have a bit more time in which to prepare their ESOS submissions, the Environment Agency has pointed out that this should not be seen as a new deadline, saying:
“This is not an extension to the legal deadline.”
“Rather, it reflects the ability to exercise discretion when taking enforcement action.”
So the official deadline is still 5th December 2015, but the late submission notification process allows for those many organisations expected to be unprepared for the work required to meet their obligations.
Organisations that expect to miss the legal deadline of 5th December must note that:
- They should inform the EA of the reasons for for which they are not able to submit by 5th December
- Provide a date by which they expect to be able to submit their compliance notification
- Keep records of their efforts towards ESOS compliance, including the date of appointment of a lead assessor, prior to the deadline
Despite its limitations, the news of a relaxed approach to the forthcoming deadline has been given a cautious welcome. Environmental law expert Georgie Messent of Pinsent Masons said:
“It is good to see that the EA is willing to allow some flexibility with ESOS notifications, following its experience of similar problems with compliance at the beginning of the Carbon Reduction Commitment (CRC) scheme.”
“Our expectation is that many of the 10,000 participating companies will miss the 5 December 2015 deadline as there seems to be a low level of awareness of ESOS despite the EA’s communications to likely participants.”
“We understand that the EA is preparing to serve enforcement notices on companies that have not met the notification deadline, to trigger compliance, so we anticipate an increased need for help with ESOS advice in early 2016.”
Business Juice ESOS Services
Business Juice’s Business Surveyor service are urging those affected to take action as quickly as possible as the route to compliance is rarely swift.
Business Juice offers professional ESOS audits carried out by trained Business Surveyors; catering for businesses of all shapes, sizes and industries.
Their team of energy experts can help and advise on the requirements of the late notification form and help businesses to avoid fines and penalties by completing the audit in time for the deadline.
For an ESOS quote or advice on submitting your late notification form, give Business Juice a call on 0800 051 5327or email esos@businessjuice.co.uk.