Following the recently published updated advice from the Environment Agency, stating that that the EA views Student loans as Private Finance; Jim Reed, Deputy Chair of the HEPA Board, Richard Murphy, Managing Director of TEC, Keith Brierley, Senior Advisor of the EA, and I had a telephone conference to clarify the situation.  Subsequently, Jim has written to the EA on behalf of the sector confirming that, unless an institution has declared itself outside the EU Public Procurement Regulations, Institutions view themselves as Public Sector organisations and therefore are not required to comply with ESOS. 

The view is fully supported by Richard Murphy, who highlighted the fact that as we are required already to meet the higher standards of the Energy Performance in Buildings Directive (EPBD), which includes the requirement for a Display Energy Certificate (DEC), we are classified as Public Sector Bodies in this sense.

Although we await a formal response from the EA (which we will circulate), we believe this position (upon which legal advice has also been sought), is correct and therefore reiterate that Universities do not need to make an ESOS return unless you have declared yourself a private organisation, exempt from the EU Procurement Legislation (in line with the Cambridge Case).  We would strongly recommend that you do not seek or accept advice from any of the various consultancy companies offering you support with ESOS at this time. We have found many of these companies are suggesting that the enforcement procedures from the EA are expected to be particularly harsh, which is incorrect.  The EA has recently also published clarification on this matter which you can read (and pass on to anyone suggesting otherwise) here

Should you have any questions please do not hesitate to get in touch with me

Emma Keenan MCIPS: Procurement Specialist

HEPA, Loughborough University

emma@hepa.ac.uk