Singapore promulgates regulations mandating energy management systems for companies

Singapore promulgated the “Energy Conservation (Energy Management Practices) (Amendment) Regulations 2021” (“the Regulations”) on December 21, 2021. The Regulations came into effect on the December 22. The Regulations partially amend the “Energy Conservation (Energy Management Practices) Regulations 2013.” In particular, the newly added Part IIIA establishes detailed requirements for “Energy Management Systems (EnMS),” which are mandatory for registered corporations under Article 27A of the Energy Conservation Act. Under the Regulations, companies that have not obtained ISO 50001 certification are required to meet EnMS requirements (Division 2), such as setting up an energy management team and conducting annual energy reviews, and to submit an EnMS report.

The original text of the Regulations can be viewed at the following URL:
https://sso.agc.gov.sg/SL-Supp/S960-2021/Published/20211221?DocDate=20211221

In addition, the Energy Conservation (Energy Management Practices) Regulations 2013, including this amendment, can be viewed at the following URL:
https://sso.agc.gov.sg/SL/ECA2012-S246-2013?DocDate=20211221&ValidDate=20211222

Energy Management System Report/ISO 50001

Registered corporations under the Energy Conservation Act are required to implement an energy management system (EnMS) for each relevant business activity, and to submit their ISO 50001 certification if they have obtained it, or an EnMS report if they have not obtained ISO 50001 certification.

• Initial submission timing:
  a) If Annual Energy Consumption (*) is 500 TJ or more: By December 31, 2021
  b) If Annual Energy Consumption (*) is 54 TJ or more and less than 500 TJ: By December 31, 2022
  (*) The amount of energy consumed annually in related business activities in at least two of the three years 2018, 2019 and 2020
• Subsequent submission timing:
  Either an EnMS report or an accredited ISO 50001 certification (*) for the applicable assessment cycle must be submitted at the following timing, based on either a three-year assessment cycle, beginning with the approval of the first EnMS report, or the certification cycle for accredited ISO 50001 certification.

a) In the case of an EnMS report:

(i) If an EnMS report is submitted in the assessment cycle immediately preceding the target assessment cycle, within the first 6 months of the 12 months ending on the last day of the target assessment cycle
(ii) If an accredited ISO 50001 certification is submitted in the assessment cycle immediately preceding the target assessment cycle, within 3 months from the date of expiry of the certification

b) In the case of an accredited ISO 50001 certification, within 3 months of the date of entry into force of the certification

(*) Accredited ISO 50001 certification refers to ISO 50001 certification issued by one of the following:
a) A certification body accredited by the Singapore Accreditation Council (SAC)
b) A certification body that has signed the International Accreditation Forum International  Multilateral Recognition Arrangement (IAF MLA)

Submissions are made on the Emissions Data Monitoring and Analysis (EDMA) system (https://www.edma.gov.sg). Report templates and EnMS requirements guidelines are posted on the following pages of the NEA website.
https://www.nea.gov.sg/our-services/climate-change-energy-efficiency/energy-efficiency/industrial-sector/energy-management-system-for-registered-corporations

Note that Part IIIA comprises the following:

Division 1 – General
11A Definitions in this Part
11B Evaluation Cycle
11C Prescribed Business Activities

Division 2 – Energy Management System Requirements
11D Application of this division
11E Duties of top management of registered corporations
11F Annual energy review, standard setting and performance evaluation
11G Management review of energy management systems
11H Non-conformities identified during compliance check

Division 3 – Energy Management System Report
11I EnMS reports, etc.
11J Timing for submitting initial EnMS reports, etc.
11K Timing for submitting subsequent EnMS reports, etc.
11L Form for submitting EnMS reports, etc.
11M Energy performance indicator values

Division 4 – Miscellaneous
11N Application for exemption from the application of Article 27A of this Act
11O Records to be kept in connection with this Part

Other amendments

In order to ensure the quality and accuracy of the data submitted to NEA, the following provisions were added to the energy use report and the energy efficiency improvement plan.

Article 8 (Energy Use Report)

• Companies must make reasonable efforts to ensure that submitted energy use reports are based on accurate information.
• Energy source units (SEC) must be reported as measurements for each energy consumption system used in related business activities introduced after January 1, 2022.
• From 2028 onwards, the SEC shall be reported as a measured value for each relevant business activity.

Article 10 (Energy Efficiency Improvement Plan)

• Companies must make reasonable efforts to ensure that submitted energy efficiency improvement plans are based on accurate information.