Tertiary Decree: what does the new decree say
Absolute Values 5?
After the Absolute Values 3 decree, published in the official journal in December, then Absolute Values 4 in March, a new Absolute Values 5 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:
- Transport which concerns airports, train stations, ferry terminals, bus stations
- Audiovisual with 3 subcategories (administration/editorial, studios and default category)
- Libraries/archives + museums
- Light vehicle sales/service with 5 subcategories (administration/offices + workshops + vehicle sales/display + parts storage + default category)
- Commercial/Industrial Vehicle Sales/Services & Motorcycle Sales/Services
- Nightlife and leisure establishments (discotheque, casino, bowling, etc.)
- Early childhood & primary/secondary/university education for the French Overseas Territories
- Health establishments for the French Overseas Territories
- Courts for the French Overseas Territories
The absolute values concerning trade are still not known.
What are the objectives of the tertiary decree?
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:
“Crelat modulated (V) 2030 = (1 – 0.4) × Cref × [Cabs modulated (V) / Cabs modulated (Vréf)].
“Crelat modulated (V) 2040 = (1 – 0.5) × Cref × [Cabs modulated (V) / Cabs modulated (Vréf)].
“Crelat modulated (V) 2050 = (1 – 0.6) × Cref × [Cabs modulated (V) / Cabs modulated (Vréf)].
How to comply with the Tertiary Decree?
Each year, subject buildings will be assigned Eco Energy Tertiary ratings, attesting to their consumption reduction trajectory with a view to the 2030 deadline.
The 1st notes should be issued by Ademe after the deadline of September 30 to report 2023 consumption on the OPERAT platform.
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 the event 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, 2026, those subject to it 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.
To find out more about modulation technical files
Who is affected by the tertiary decree?
As a reminder, the 1st Absolute Value I decree (in January 2021) set the absolute values for the categories of offices, public services, education and logistics.
The 2nd Absolute Value 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:
