Tertiary Decree: Objectives in absolute values to be achieved by 2030

It's finally here! One year after the official entry into force of the Tertiary Eco Energy System, with the 1st Operat declaration on December 31, 2022, the last long-awaited decree has just been published.

It sets the objectives in absolute values to be achieved in 2030 for those subject to the Tertiary Decree, in new categories of activities which had not yet been defined:

Hospitality
Restoration
Tourist residences and villages or holiday clubs
Server rooms and IT operations centers

The absolute values concerning trade, expected in this decree, are not finally mentioned. They will be the subject of a subsequent decree.

What does the Absolute Value 4 decree say?

What are the objectives of the tertiary decree?

For each category, these absolute values are intended to be representative of high-performance buildings in the activity category.

Both in terms of intrinsic performance of the building (insulation, system performance) and sobriety of use. Clearly, old buildings will have to respect, by 2030, the performance level of the 25% least efficient buildings, renovated to the RT 2012 standard.

They are based, for each category of activity, on two subsets of values:

“HVAC” values (representative of heating, ventilation, air conditioning consumption). They are established for 8 climatic zones and 5 altitude categories, with a reference climate, depending on the zone in which the building is installed.

“USE” values (other consumption items, generally dependent on the intensity of use of the building), accompanied by a modulation formula to take into account the intensity of use of the building. That is to say the time range of the use in question in the building.

These objectives were established on the basis of different sources of information, and with the help of numerous contributions from stakeholders made as part of the consultation, whether in writing or during consultation meetings.

Thus for the modulation of objectives according to the volume of activity, the modulation formulas are modified as follows:

“Modulated Crelat 2030 = (1- 0.4) x Cref x [Modulated Cabs / Reference Cabs]

Modulated Crelat 2040 = (1- 0.5) x Cref x [Modulated Cabs / Reference Cabs]

Modulated Crelat 2050 = (1- 0.6) x Cref x [Modulated Cabs / Reference Cabs] »

Compliance with tertiary decree and BACS decree

The new decree provides other details for taxable persons:

Some categories have a subcategory called “default value ”. This subcategory can only be selected when the total surface area falling under the category concerned represents more than 80% of the declared surface area of the functional entity. The selection of this subcategory does not make it possible to select other subcategories: it induces the allocation of the entire surface of the functional entity subject to this single subcategory. »

This clarification from the ministry requires correctly calculating all the categories of activity of a site to declare it on the ADEME OPERAT platform.

On technical modulation files , "the manifest disproportion in the cost of actions to reduce energy consumption to achieve one of the objectives can only be invoked if the estimated time of gross return on investment of the overall cost of one of the levers for actions to improve energy performance, after deduction of perceptible financial aid, is greater than 10 years in the context of the installation of a BMS in the subject building.

Initially, the text mentioned the threshold of 6 years, this is to converge with the BACS Decree which makes it compulsory by 2025, the installation of automation systems for air conditioning and heating equipment.

On the surface intensity of use called “energy density” , which aims to take into account the number and installed power of processes and their duration/rate of use to best reflect the energy consumption profile of the equipment used , it is specified: “Any energy density value declared on OPERAT is justified during possible checks with regard to the equipment actually present in the functional zone, as well as their typical consumption (information provided by the manufacturers, adapted if necessary according to the number of hours of effective annual use of the equipment).”

Finally, a final energy conversion coefficient is added for a new source of energy consumed: non-road diesel.

Namely, 1 L of non-road diesel = 9.81 kWh (PCI)

This coefficient will be available in the OPERAT platform in February 2024, for declarations to be made of consumption for the year 2023

This new Absolute Value 3 decree does not yet cover all tertiary activities. The remaining activities not yet covered will be the subject of two other amending orders in the coming months:

Absolute Values Order IV for justice, ambient temperature logistics, sport, health and laundry
Absolute Values Order V for the rest (culture, media), as well as activities in the Overseas Departments and territories.

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How to respect the tertiary decree?

According to the decree of April 10, 2020, it is always possible for those subject to it to modulate the objectives, whether they are in relative value or in absolute value. This for several reasons:

In case of architectural constraints (listed buildings)
Technical constraints
Disproportionate investments. How to achieve a return on investment time of more than ten years for the installation of technical building management systems (BMS), provides the new decree.

By September 30, 2027, those subject to regulation will have to prepare modulation files to be submitted on the Ademe Operat platform, to justify their inability to achieve the energy performance objective set for 2030.