With the ESOS compliance deadline of 5th December 2015 now long passed, data published online by the Environment Agency (EA) suggests that around 3,000 of the estimated 10,000 ESOS qualifying organisations are still yet to comply. An EA spokesman confirmed in April that they were beginning to contact organisations they believe qualified for ESOS but who had not complied, using “enforcement notices where necessary and civil penalties served in the most serious cases”. Indeed, the EA’s July ESOS newsletter confirmed that they had identified 1,500 companies who they would be targeting. With the EA having confirmed they will not release information on these organisations, and given that civil penalties could be as large as an initial £50,000, and up to £500 per working day up to a maximum of 80 working days, many have speculated how effective the EA’s ESOS compliance enforcement will be.
Carbon Smart’s lead assessors can confirm that the EA has begun the process of engaging with non-compliant organisations, serving enforcement notices in many cases. The enforcement notices clearly lay out the steps that should be taken by the organisation in question in order to comply, the date by which this action needs to be carried out and reiterates the prospect of a civil penalty should remedial action not be taken. With a dedicated ESOS Enforcement team in place, it seems that the EA will continue to pursue those that they deem have not fulfilled their legislative obligations.
Our ESOS Lead Assessors are working with a number of these organisations to ensure they are ESOS compliant by the deadline set by the EA. If you have been served an enforcement notice by the EA, or want to avoid getting caught, contact Carbon Smart today and we will provide all the support you need to meet enforcement requirements.
For more information and clients we have helped, visit our ESOS page.