Publication of ESOS Phase 3 Notification of Compliance Data

The UK regulators has just released their ESOS Newsletter Issue 34, with an hyperlink to the Phase 3 Notification of Compliance Data which contains the current compliance data submitted by the ESOS participants to date.

The data contained within this publication includes:

• organisation and contact details
• the group structure of the organisation
• the director signing off the notification
• the lead assessor (where one was required to be appointed)
• other people involved in compliance activities
• notification of estimates and other information about the assessment
• high level energy consumption data (including energy intensity ratios) calculated as part of the ESOS assessment
• summary information relating to energy savings achieved since the previous compliance date
• summary information relating to energy saving measures identified through the ESOS assessment through energy audits and/or alternative compliance routes

An updated spreadsheet of Notification of Compliance data will be published alongside the first publication of Action Plan data mid June 2025. The deadline for submitting Action Plans is 5 March 2025.

Supporting information to the Publication

How many organisations in ESOS have not submitted a Notice of Compliance (NOC)?

Those organisations that have not submitted a NOC which the UK regulators believe qualify for ESOS are currently being investigated. This is based on ESOS applying to businesses (and their corporate group) with 250 or more employees or alternatively an annual turnover in excess of £44 million and an annual balance sheet total in excess of £38 million, Until all investigations are completed, numbers cannot be confirmed.

Can the UK Regulators provide details of all those organisations that have not submitted a NOC?

They can only provide details of those that have submitted a NOC as required by legislation. Any organisation that the Environment Agency reasonably believes has failed to submit a NOC is currently under investigation and it would be inappropriate to provide details of those organisations as the investigations may result in enforcement action.

What will happen to organisations that have not yet submitted a NOC and should have?

The Environment Agency has contacted everyone they believe qualifies for ESOS to determine if that is the case. If they do qualify and have not yet submitted a NOC, then they will be the subject of an investigation and possible enforcement action (including potential civil penalties). Regulators in each of the devolved regions, including offshore waters, are responsible for compliance and enforcement activities outside of England.

Can organisations still submit a NOC?

All organisations qualifying for Phase 3 of ESOS were required to submit a compliance of notification by the deadline of 6 August 2024. Those organisations that have failed to meet that deadline may be at risk of enforcement action and should contact the Environment Agency immediately. The new government digital service (MESOS) will still allow notifications of compliance to be submitted. You must ensure you respond promptly to any communications you receive from the Environment Agency.

What are the differences between data reported for Phase 3 of ESOS and that reported for previous phases?

In Phases 1 and 2, requirements for public reporting of data from the notification of compliance primarily covered details about the ESOS participant (eg trading name, number of undertakings covered by the compliance notification) and how it had complied with the requirement to carry out an ESOS assessment (eg the routes to compliance). Previously much of the data from their audits was kept by participants rather than submitted to the Environment Agency.
These public reporting requirements were expanded for Phase 3 to include metrics from the ESOS assessment relating to the ESOS participant’s energy efficiency and potential for reducing its energy consumption.