Decree 163, published in the Official Gazette on August 10, 2021, establishes the criteria to determine which companies must report annually to the Ministry of Energy their consumption for energy use and their energy intensity of the previous calendar year, during the next four years, as indicated in the first paragraph of article 2 of Law No. 21,305 on Energy Efficiency.
These are the requirements of the companies that must report their energy consumption, according to the information communicated to the Internal Revenue Service (SII) in the Income Tax Declaration process for the immediately preceding year:
- Companies by RUT whose annual income from sales and services and other business activities is greater than 1,000,000 UF per year in the last calendar year
- Companies by RUT that have 200 or more workers hired
- Companies by RUT that have activities in force as of April of the previous year
- Companies by RUT whose taxpayer classification corresponds to Commercial Legal Person or Foreign Companies.
Public Companies, understanding as such those created by law and State companies and companies in which it has a shareholding greater than 50% or a majority in the board of directors, will be excluded from the application of the criteria of numeral 4.
In any case, all those companies, without exception, that have registered a total energy consumption for final use equal to or greater than 50 teracalories during the previous calendar year , must report annually to the Ministry of Energy .
The issuance of this decree was preceded by a public consultation procedure carried out in May 2021 by the Ministry of Energy.
The Ministry of Energy must establish these criteria every 4 years, to determine the companies that must annually report their consumption for energy use and their energy intensity for the previous calendar year.
Thus, all those companies that have had a total energy consumption for final use equal to or greater than 50 tera-calories during the previous calendar year, must report annually to the Ministry of Energy their consumption by energy use and their energy intensity of the previous calendar year .
Based on this information, the Ministry of Energy will draw up a list of consumers each year that will be classified as “Consumers with Energy Management Capacity” (CCGE).
What does it mean for my company to be classified as CCGE?
The companies that are on the CCGE list prepared by the Ministry of Energy must implement an “Energy Management System” (SGE).
The CCGE must send annually to the Ministry of Energy and the Superintendency of Electricity and Fuels (SEC), together with the report of their energy consumption for final use, information on the opportunities detected and energy efficiency actions carried out and projected, noting, in addition, the way in which they comply with the obligations to implement one or more SGE, which cover, at least, 80% of their total energy consumption.
Andrea Von Chrismar