I CONTRATTI DI PRESTAZIONE ENERGETICA (EPC) - RT-2017-39-ENEA

The Energy Performance Contract (EPC) is widely used in Europe as an agreement to reduce energy consumption and improve energy efficiency in buildings. In Italy the EPC is known as an energy efficiency/performance contract, but the EPC is struggling to find dissemination. Difficulties of diffusion must be sought in: • lack of thorough analysis of this particular contractual model and the benefits it can make in economic terms and environmental sustainability; • Uncertainty regarding the regulation of the essential elements of the contract; • Uncertainty in achieving results. These three combined factors put the EPC in a darker area, reducing its potentiality. In this document, we mainly examine three aspects: 1. What is an Energy Performance Contract? 2. EPC having regard to D.Lgs 50/2016 (new public procurement code); 3. Proposals to overcome the "regulatory uncertainty" factor. This Technical Report on EPC Legal Profiles aims to clarify the essential features of this contract. If the EPC between private entities does not find a particularly complex application, in the case of public sector use, being consistent with the Public Contracts Code, its application and dissemination becomes more difficult. This work, with regard to EPC's application in the public sector, seeks to clarify in which cases the EPC is to be included in the Service Contracts or, on the contrary, to be part of the Private Public Partnerships.