The new deadline is approaching!
You have less than 1 month left to declare your consumption for the year 2022, before September 30, 2023 on Ademe OPERAT platform
In this final stretch, Ademe communicated recent news around the Tertiary Eco Energy Decree.
Decryption of the elements to remember.
Who is affected by the tertiary decree?
As a reminder, the Tertiary Eco Energy System (DEET) launched in 2019 and better known as the Tertiary Decree requires subject tertiary buildings (over 1000m2) to reduce their consumption by 2030 and ultimately 2050.
This concerns office, administration, educational buildings, hotels/restaurants, shops and even museums.
Each year, an owner or tenant must declare their consumption on the OPERAT platform. Ademe will thus evaluate the consumption reduction trajectory according to the assigned objectives.
Learn more about the Operat declaration
What are the objectives of the tertiary decree?
The objective to be achieved, depending on the categories of buildings, is set in two ways:
- in relative value -40% by 2030 compared to consumption in the reference year, -50% by 2040, -60% by 2050
- in absolute value with an objective to be achieved in absolute value according to the typology of buildings and the geographical area
The 1st Absolute Values I decree (in January 2021) set the absolute values for the categories of offices, public services, education and logistics.
The 2nd Absolute Values II decree (in April 2022) set the absolute values for other categories of activities in mainland France: early childhood (crèches, daycare) and higher education in particular.
To find out more about the Absolute Value II decree: our decryption article
The new Absolute Values III decree soon to be published
After these first two decrees, a 3rd Absolute Values III decree will be published “very soon” in the Official Journal, Ademe announced at the beginning of July. The consultation is now complete.
This new decree sets the objectives in absolute values to be achieved for those subject to the Tertiary Decree, in new categories of activities which had not yet been defined: businesses, hotels and restaurants, tourist rentals, data centers.
Thus, according to the draft decree resulting from the consultation, in commerce for example, 14 categories of buildings have been identified:
- Retail businesses and services – Food;
- Retail businesses and services – Home equipment (sales area < 1000 m²);
- Retail stores and services – Personal equipment & leisure (sales area < 1000 m²);
- Large Food Surface – Supermarket (sales area < 400 m²);
- Large Food Surface – Small supermarket (sales area between 400 m² and 1,000 m²);
- Large Food Surface – Large supermarket (sales area between 1,000 m² and 3,000 m²);
- Large Food Surface – Hypermarket (sales area greater than 3,000 m²);
- DIY superstore (GSB) and trading and distribution of materials;
- Large Specialized Surface – Automotive & motorcycle equipment;
- Large Specialized Surface – Home equipment (sales area > 1000 m²);
- Large Specialized Surface – Personal equipment & leisure (sales area > 1000 m²);
- Common areas of shopping centers and shopping malls;
- Covered halls and markets;
- Wholesale trade (Market of national interest)”.
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 according to the climatic zones 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.
The new decree will provide other details for taxable persons:
- a final energy conversion coefficient is added for a new energy source: non-road diesel. This coefficient will be available in the OPERAT platform in 2024, for declarations to be made of consumption for the year 2023
- formulas for modulating certain objectives
- the return on investment time taken into account in the context of the installation of a BMS in the subject building, made compulsory by the BACS decree by 2025, will increase from 6 to 10 years.
With this new Absolute Values III decree, more than 80% of the subject tertiary stock will know their objectives in absolute value according to Ademe.
The remaining activities not yet covered will be the subject of two other amending orders by 2024:
- 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.
Make an appointment with our Tertiary Decree experts
How to declare on OPERAT?
Ademe specified that in the event of a change of operator of a subject building during the year, the new operator must link its Subject Functional Entity (EFA) to the previous EFA.
This will make it possible to calculate the objectives of the current EFA based on the reference situation of the first-time taxable person. This allows, for the current EFA, to promote any work that may have been carried out on the premises before it occupied them.
To declare your consumption, it was already possible to import your consumption data via a CSV import since the 1st quarter of 2023.
It is now possible to do this via API interfacing from a third-party platform for declaring 2022 consumption.
In the coming weeks, Ademe's OPERAT platform will also be able to export declarations already made to a third-party application via API. An online guide exists on the subject in the “resources” tab of the OPERAT platform. And in 2024, the ambition is to offer a benchmark functionality to taxable persons, allowing them to compare their consumption data to other EFAs at the national level in relation to their activity.
How to respect the tertiary decree?
By December 31, 2022, all taxpayers must have completed their consumption declarations for the year 2021. But Ademe had shown tolerance for this first year of entry into force of the Tertiary Decree.
At the end of June 2023, according to Ademe, 183,000 consumption declarations for the year 2021 had been made. Or 553 million m2. Which represents approximately 90% of the tertiary sector subject to the regulations.
An encouraging sign is that Ademe notes an average drop of 19% in consumption between the reference year (between 2010 & 2019) and consumption for the year 2021.
For latecomers, for those who have made declarations deemed “inconsistent” by Ademe, or who have declared but forgotten to validate their declaration, reminders by email or post are sent to them.
Ademe indicates that it is considering strengthening current sanctions in the event of non-declaration or non-compliance with assigned objectives.