D-9 months for the first deadline of the Tertiary Decree, September 30, 2022.
The opportunity to review the latest news on the tertiary eco-energy system. Certain regulatory points were recently clarified by the Ministry of Ecological Transition, others are still pending.
ABSOLUTE VALUES II ARREST
It complements the Absolute Values I decree which set consumption objectives in absolute values for certain activities:
- offices
- public services
- primary and secondary education
- cold logistics.
Where is he?
“The decree was delayed due to data feedback from certain stakeholders, but it is finalized and currently in the validation process of the ministries,” confirms Marc Lereau. The “Energy management and thermal regulation of existing buildings” project manager at the Ministry of Ecological Transition specifies the timetable. The public consultation will take place from January, for publication in February.
What does it contain?
This decree concerns the segmentation for the rest of tertiary activities in mainland France:
- shops
- hotel and catering industry
- higher education
- co-working
- health facilities
- train stations/airports
- cultural and sports buildings
The new absolute values come from co-construction with the relevant players in the sector: “The values are ambitious but achievable” according to Marc Lereau. They will be based on the average of the 25% best students in each activity category .
And after?
Absolute Values III decree will concern tertiary activities in the French Overseas Territories. The public consultation will be postponed until after the presidential election, therefore not before mid-May. For publication at the end of the 1st semester of 2022, beginning of the 2nd semester .
To understand everything about the Tertiary Decree, our article on the fundamentals
OPERAT PLATFORM
The Ademe platform, an interface between taxable persons and the State, is already operational to create your account. A necessary operation for each taxable person, even if they go through an agent like Sobre Energie to subsequently report their consumption data.
From January 1 , the ministry confirms that new modules will be accessible on OPERAT:
- Functional entity declaration module
- 2021 & 2020 consumption declaration module: first manually, then in January, automatic mass import of CSV type files possible. From January 1 , 2023, data import will be possible via third-party energy management software, as offered by Sobre Energie in its Tertiary Decree support offer.
To find out more about our DATAMARC NEO energy management platform
As a reminder, as of September 30, 2022, 3 declarations are mandatory on the OPERAT platform :
- 2021 consumption data
- 2020 consumption data
- reference consumption, choice of a year between 2010 & 2019, failing choice the 1st full year of operation will be retained.
“2022 YEAR OF LEARNING TO GET INFORMED AND TAKE ACTION ”
In the mind of the ministry, 2022 must be the opportunity for those subject to it to appropriate the tertiary eco-energy system and its OPERAT platform.
The procedure to follow?
- From January 2022, first contact with OPERAT by first creating your account + that of the linked functional entity(ies). You can also carry out a test to record your 2021 and 2020 consumption data. The Ministry of Ecological Transition specifies that everything will be modifiable and deleteable until September 30, 2022 in the event of an error.
- 1st 2022 understand the data. That is to say, initiating dialogue with lessors/lessees, when there are several interlocutors on the same subject building. Objective to set the framework: “who does what?” », collect the information requested by OPERAT
- Until September 30, 2022, gradually integrate your consumption data
The ministry wishes to reassure those subject to it: “OPERAT is not a policing tool”, according to Marc Lereau. “Rather a tool to help you, support you in the energy transition, in the long term it will be a benchmark tool”.
To find out more about our support offer for the Tertiary Decree
Find out how we support the La Poste group and its 10,000 buildings in its energy transition
New deadline?
After the postponement of the first deadline from 2021 to 2022 by one year, Marc Lereau firmly ruled out a new deadline : “It is not because you do not yet have all the absolute values that you cannot work on OPERAT now. You will have all the absolute values for the September 30, 2022 deadline.”
LESSOR/LESSEE RELATIONSHIP
The ministry reminds us: owners and tenants must communicate to each other the final energy consumption of the equipment they operate. In a logic of transparency. If he wishes, the lessee can mandate the owner to report his data.
An overall rating?
Every year, a tertiary eco-energy certificate will be issued to each taxable person . It will reflect progress towards its objective of reducing energy consumption.
This note will include on the front the result of the functional entity and on the back the aggregation of the results on the scale of the entire building , with the results of each functional entity matched with its surface area. Thus, according to the Ministry of Ecological Transition, if a functional entity is rated with an orange sheet, for example, it risks sealing the building. But seeing that the other entities have obtained a green leaf, this will prove that the building is performing well. And therefore it is an operational problem for one of the tenants.
What consequences?
This is a very strong element of the future lessor/lessee relationship, according to Marc Lereau, project manager “Energy management and thermal regulation of existing buildings” at the Ministry of Ecological Transition. “On the one hand, the lessee will be able to question whether he is renting in a poorly operated building. On the other hand, a lessor will be able to check whether the lessee was indeed operating his previous entity. And provide additional rent, if this is not the case in the new lease. »
What responsibility in the event of sanctions from 2031?
“If a tenant doesn't make any effort and obtains an orange leaf rating, in a well-rated building with green leaves only, then it's clear,” according to Marc Lereau. “This means that the building is efficient, so we are not going to go after the owner. But rather the tenant to sanction him after a formal notice. Sanction first with “name & shame” then a fine. »
To review our conference on the latest news from the Tertiary Decree
LOWERING THE SUBJECTION THRESHOLD?
The tertiary eco-energy system is based on a threshold of 1000m2. The citizens' climate convention wanted 500m2. The legislator did not adopt this measure, but it cannot be ruled out that this will change in the future .
What potential impact?
“We had carried out a study, it was going to mainly impact local communities, by integrating school groups and gymnasiums. A threshold of 500m2 would also include businesses at the foot of buildings,” according to Marc Lereau.
For the ministry, the message is this: even if your building is not affected today, it may be tomorrow.
We must therefore begin voluntary energy performance initiatives now, before they become obligatory.