Tertiary eco-energy system
The tertiary eco-energy system comes from the ELAN law of 2018. On October 1, 2019, the so-called tertiary decree came into force.
Who is subject?
2 conditions:
- All owners and/or lessees of buildings, parts of buildings or groups of buildings hosting tertiary activities in the public and private sectors, regardless of their year of commissioning: Offices • Public services • Education • Health • Justice • Shops • Hospitality • Catering • Tourist residences & Leisure • Sport • Culture and shows • Logistics • Airports • Rail, bus, maritime or river stations • Sales and services automobiles, motorcycles or nautical – Computer operating rooms and centers • Parking • Laundry – Printing and reprography.
- If this establishment is greater than or equal to the threshold of 1000m2.
When your activity is located in a mixed-use building, if the total surface area is greater than or equal to 1000 m².
If you are a lessee, find out from the owner, the co-ownership or the co-ownership manager, about the accumulation of tertiary areas present in the building.
To find out more about the issues of the Tertiary Decree
Data to be collected
For each building subject to the tertiary eco-energy system, you must report data to the OPERAT platform managed by Ademe:
-the floor area
-distribution of consumption data reports between owner and tenant
-reference year which cannot be earlier than 2010 (it may be different in the case of multiple occupancy)
-the CREF: the reference energy consumption, based on energy consumption data (electricity, gas, others, etc.) for the reference year, full year of operation, between 2010 and 2020
-data which qualify the conditions of occupancy and use (intensity of use indicators) for the reference year, between 2010 and 2020
-meters (electricity, gas, others, etc.) and their references
-reference framework for the annual declaration: either a calendar year (January 1 / December 31), or a range of 12 months (starting month to be defined)
Data import can be done manually or automatically (via excel file). Ultimately, by 2023, automatic interfacing will be possible with third-party energy management software, such as Data MARC
To learn more about our DATAMARC NEO platform
Objectives on Operat
A date to remember: September 30, 2022.
This is the deadline for declaring your reference annual energy consumption (CREF) on the OPERAT platform, as well as those for 2020 and 2021.
Once this data has been collected on OPERAT, you obtain your objectives “in relative value” and in “absolute value”.
- Or a level of final energy consumption in “relative value” (the Crelat) compared to the reference year: respectively, -40% in 2030, -50% in 2040 and -60% in 2050. Thus, it is established for each deadline as follows:
Crelat 2030 = (1 – 0.4) x Créf or 40% savings in kWhef
Crelat 2040 = (1 – 0.5) x Créf or 50% savings in kWhef
Crelat 2050 = (1 – 0.6) x Créf or 60% savings in kWhef
- Or a level of final energy consumption fixed in “absolute value” (the Cabs). This threshold expressed in kWh/m²/year is set according to the type of activity carried out in the building (offices, educational buildings or cold zone for example), its geographical area and its altitude and the intensity of use indicators ( e.g. annual working hours, surface area/position, occupancy rate). Thus, the maximum energy consumption is expressed as follows: Cabs = CVC (all uses linked to thermal comfort/ventilation) + USE (other uses) The HVAC component can be modulated according to climatic rigor The USE component can also be modulated according to the intensity of use indicators, which will be reported on the OPERAT platform with a sworn declaration. The persons subject to the regulation must justify the modulation, according to technical constraints (e.g. specific uses and adaptation of the premises), architectural (ex listed building) or heritage or even a change of activity in the building.
Objectives Absolute value
The objective in absolute value of consumption is set in tables of values according to the NAF code(s) of the building activity. These objectives are already known for the first categories in mainland France:
- offices
- public services
- primary and secondary educational establishments
- cold logistics sector
Two decrees are still awaited to specify the terms of the other categories of activities: “Absolute value order II” , the public consultation of which is planned for October 2021. It will present the entire segmentation of tertiary activities and will specify the objectives expressed in absolute value for a large number of activities in mainland France:
- shops
- hotel and catering industry
- higher education
- logistics at room temperature
- coworking
- health facilities
- train stations and airports
- cultural and sports buildings
- performance halls
- data centers
A final order called “Absolute Value Order III” , the publication of which is planned for May 2022, will specify the latest objectives expressed in absolute value, for the latest activities for which work is in progress and will integrate the specific values for the departments of 'overseas.
Uses taken into account
- Conventional consumption items in thermal regulations: heating, cooling, lighting, production of domestic hot water and auxiliaries (pumps and fans)
- Other real estate uses (elevators, escalators, fire safety, security, etc.)
- Specific uses and processes linked to the activity
Find out how we support the La Poste Group to succeed in the tertiary decree.
Ratings/sanctions
Depending on the progress of energy performance, Ademe will publish each year an energy performance certificate for each building on OPERAT. This certificate will be accompanied by a “tertiary eco energy” note. It will attest to progress in the process of reducing consumption.
The control mission is carried out by the competent Prefect, depending on the location of the buildings.
The owner or tenant of the buildings concerned must be able to provide supporting consumption data for the reference year, upon simple request from the administrative authority, within 3 months. Random checks may be carried out each year to verify the accuracy of the information.
The names of poor performers may be made public and fines imposed in the event of non-compliance with the objectives:
-up to €1,500 for individuals per site
€ 7,000 for legal entities per site
The negative “Eco tertiary energy” rating will be attached to the sales and rental documents of a building: this will devalue the heritage value of the property