Energy Efficiency Act – EnEfG

According to the current BAFA information sheet dated 12.02.2025, organisations that are obliged to set up an energy management system (EnMS) in accordance with DIN EN ISO 50001 or an environmental management system (EMS) in accordance with EMAS under Section 8 of the EnEfG can apply the 90% rule.

Application of the 90 % rule

• Similar to the mandatory energy audits in accordance with Section 8 EDL-G, EnMSs or EMSs must in future cover at least 90% of a company's total final energy consumption. This means that obligated companies in Germany must record their total final energy consumption for all sites, but only those sites that cover 90% of total final energy consumption must be included in the scope of the EnMS or EMS. Only these sites receive a certificate.
• Compliance with the 90% rule is the responsibility of the obligated company and must be agreed with the certification body as part of the certification process. Companies wishing to make use of the 90% scheme must provide evidence of compliance with the 90% scheme as part of the application review (e.g: List of all locations with details of final energy consumption and details of inclusion in the EnMS or EMS). With regard to the 90% rule, it should be noted that relevant locations (e.g. logistics locations) must not be excluded with regard to the scope of application of the EnMS or EMS.
• The application of the 90 % rule in accordance with the EnEfG is limited exclusively to the individual obligated company and is not permitted across companies within a corporate group.