The 20 January 2016 registration deadline for large corporations which was introduced by recent modifications to the Hungarian Energy Efficiency Act (“Enacted Modifications”) is near.

The registration obligation is on large corporations

The Enacted Modifications require corporations to self-assess whether they are large corporations; those that are must submit first time registrations to the Hungarian Energy and Public Utilities Regulatory Authority (“HEPURA”) by 20 January 2016 in order to avoid being fined.

Large corporations are those which (considering the number of employees, annual net turnover and/or balance sheet total) do not qualify as micro, small or medium-sized enterprises (“SME”) under the Hungarian SME Act. When determining whether an entity is a large corporation, the data of all its linked or partner enterprises (if any) shall also be considered.

Deadline

Large corporations are obliged to register via an online interface available on the HEPURA website by 30 June each year. However, in the transitional phase, large corporations must register by 20 January 2016 via email (see below).

Form and content of registration

In line with the notification published on HEPURA’s website on 13 January 2016, large corporations should complete the mandatory registration obligation by providing HEPURA with the duly signed and completed form (available on HEPURA’s website) in both Word and PDF formats via email to energiaaudit@mekh.hu. The subject matter of the email should be (in Hungarian) “Nagyvállalati regisztráció”. By completing the form, the corporation makes statements regarding its large corporation status and the exemptions which apply to it. In addition, the large corporation must identify its linked/partner enterprises (name, tax number and registration seat).

Sanctions

In case of any delay or failure to meet this deadline, HEPURA will fine the violating corporation up to HUF 1,000,000 (appr. EUR 3,178).

Further obligations introduced by the Enacted Modifications

The Enacted Modifications also introduced data provision obligations for large corporations (e.g. energy consumption data for the previous year; data on any energy efficiency steps taken in the previous year; planned energy efficiency steps together with their proposed deadline of performance etc.). The detailed rules including the deadline of the data provision obligation will be set out in a decree of the director of HEPURA. The Enacted Modifications already set out, however, that in case of any failure to meet the data provision deadline, violating corporations may be fined up to HUF 1,000,000 (appr. EUR 3,178).

Additionally, the Enacted Modifications also introduced provisions on the energy auditing obligations of the owners and certain tenants of shared buildings.