Mandatory from 2025: Energy or Environmental Management System in Accordance With EnEfG

The Energy Efficiency Act came into force in November 2023 and aims to significantly reduce energy consumption in Germany. To this end, it places particular obligations on energy-intensive companies. However, instead of imposing fixed savings quotas, the law requires companies to set their own targets as part of their management system, take appropriate measures and continuously improve their energy efficiency. Specialized software can help achieve these goals.

The EnEfG places particularly far-reaching requirements on companies whose total annual final energy consumption exceeds 7.5 gigawatt hours (GWh). This figure includes all energy sources – such as electricity, heat and fuel for vehicles. By way of comparison, in 2021, around 400 private households in Germany consumed this amount of energy per year for residential purposes (i.e., excluding vehicle fuels). Affected companies must either set up an energy management system (EnMS) in accordance with ISO 50001 or an environmental management system (EMS) in accordance with EMAS (Eco Management and Audit Scheme). The latter is based on the international standard ISO 14001, but supplements it with additional requirements, e.g. regular, validated environmental statements, verification of environmental compliance and the publication of measurable environmental indicators.

Companies that are required to set up an energy or environmental management system under the Energy Efficiency Act must also record and evaluate their waste heat as part of this system, identify savings measures and opportunities for waste heat utilization and examine their economic viability. Violations of the obligation to introduce a management system can be punished with fines of up to €100,000.

Obligations under the Energy Efficiency Act also apply to companies that consume less energy: With an annual final energy consumption of more than 2.5 GWh, there is no obligation to introduce an energy management system in accordance with ISO 50001 or an environmental management system in accordance with EMAS. However, the EnEfG stipulates that affected companies must convert all end-use energy saving measures identified as economically viable – e.g., from an energy audit or management system – into actionable plans and make them publicly available. Different limits and regulations apply to public authorities and data center operators. In a statement, the German Chamber of Industry and Commerce (DIHK) estimates that around 25,000 companies are directly affected by the Energy Efficiency Act, of which around 12,500 exceed the 7.5 GWh limit.

However, even beyond the legal obligations under the EnEfG, every company can benefit from introducing an appropriate management system: Those who systematically monitor and continuously improve their energy consumption and environmental performance make an important ecological contribution and can also save costs. In many cases, an environmental or energy management system is also a prerequisite for government subsidies – and also ensures clear competitive advantages. For example, large automotive groups such as Volkswagen and BMW require their suppliers to provide evidence of an environmental management system.

In practice, customer requirements like these, along with a company's own goals, often decide whether an energy or environmental management system is put in place. The two differ in a few key ways: The ISO 50001 energy management system focuses on systematically recording and continuously improving energy consumption. This system is verified through external certification by an accredited body. EMAS, as a set of rules for environmental management systems, goes further: in addition to considering a company's own environmental performance, it requires state-approved validation, which also includes the verification and publication of an environmental statement. While ISO 50001 certification attests to compliance with the standard, EMAS validation also ensures the transparency and credibility of environmental communication.

As internationally recognized frameworks, the energy management system according to ISO 50001 and the environmental management system according to EMAS also share numerous similarities: Both focus on the systematic documentation and control of relevant environmental and energy issues, include regular internal and external audits and require the active involvement of senior management. Furthermore, neither ISO 50001 nor EMAS prescribe explicit savings targets, but rather promote the continuous improvement of corporate performance in the respective area. EMAS builds on the requirements of ISO 14001, which, like ISO 50001, is based on the uniform Harmonized Structure.

This uniform structure facilitates the integration of energy or environmental issues within an Integrated Management System (IMS). This allows synergies between the individual subject areas to be optimally exploited, which also facilitates the implementation of the various requirements and increases acceptance of the management system within the company. A few practical tips will help with implementation:

1. Analyze whether the company is affected by the obligations under the Energy Efficiency Act and select the appropriate management system
2. Involve company management and secure commitment to sufficient resources and clear responsibilities
3. Train employees and raise awareness of the importance of the management system
4. Introduce suitable software solutions and establish processes
5. Prepare for external auditing (certification or validation)
6. Use audit results and internal controls to continuously optimize the system (continuous improvement)

These six steps lay the foundation for the successful introduction of the management system. To efficiently control the resulting processes and ensure complete documentation, the use of specialized IMS software is recommended. This software helps to systematically identify risks, opportunities and requirements, translate them into processes and ensure their implementation. The result is greater transparency and efficiency. A well-designed system that brings together all relevant requirements creates the basis for sustainable improvements and secures long-term legal, economic and organizational advantages for companies.