Phase 3 of the Energy Savings Opportunity Scheme (ESOS) is due to come to an end this year which means that those who are part of the scheme must, according to the Energy Savings opportunity Scheme Regulations SI 2014/1643, confirm their compliance with it by 5 December 2023.
However, in July 2021 the Government launched a consultation into proposed ESOS changes, and set out its intentions for change in a formal response to that consultation in July 2022. The Government's response indicated that they wanted to make several changes to ESOS in phase 3 onwards. More detail on this can be found in our In Focus article on proposed ESOS changes.
The Government still intends to make those changes. However, as they have not been made yet and the compliance deadline is fast approaching, the Environment Agency has announced via Issue 13 of its ESOS newsletter that the ESOS compliance deadline for phase 3 will be extended to 5 June 2024. This is to allow participants to meet the new requirements and for assessors to carry out assessments.
It is important to note that even though the compliance deadline has been extended, the qualification thresholds or dates have not changed. For Phase 3 this means that any company or Group that qualified for ESOS as a large company on 31 December 2022 must still comply with phase 3.
The Environment Agency newsletter also states the following: "Participants are reminded that notifications cannot be submitted until the Phase 3 requirements have been finalised in legislation and the updated IT system, which is currently being developed, has been appropriately tested. The system will be made available in time to enable participants to meet notification requirements ahead of this extended compliance date."
