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FRANCE: tertiary decree

FRANCE: tertiary decree

"Décret tertiaire" - tertiary decree

How to meet regulatory requirements and take advantage of the energy gains generated?

By Antoine BAGUETTE
Business Developer

What is the Tertiary Decree?

This is a binding regulation that requires the reduction of energy consumption in the French tertiary sector. It specifies the terms of application of Article 175 of the ÉLAN law (Evolution of Housing, Development and Numerical).

Who is affected by the tertiary decree?

It is quite simple: all tertiary buildings with a surface area of more than 1,000 m² are concerned. This means office buildings, shops, administration buildings, schools, etc. 

Both owners and tenants are concerned!

And in concrete terms?

The decree obliges all tertiary buildings with a surface area of more than 1,000 m² to make energy savings in relation to a reference year (-40% by 2030, -50% by 2040 and -60% by 2050 in relation to 2010) OR in relation to a threshold defined for each type of building (consumption in kWh of final energy/m²/year not to be exceeded).


How to choose the reference year?

  • The reference year cannot be before 2010;
  • The year must correspond to a full year of operation;
  • The consumption must be corrected for climate and intensity of use.

What are the penalties for non-compliance?

On the one hand, fines can be as high as €7,500. On the other hand, the name of the offender is posted on a website. This is a good way to get bad publicity…

How to comply and take advantage of the energy gains generated?

The tertiary sector decree can be met in 3 steps:

  1. Establish the energy balance for each building
  2. Create an action plan and transfer it to the ADEME platform (OPERA)
  3. Monitor the achievement of the objectives
Décret tertiaire France

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Hervé Delporte
Hervé Delporte
CEO DELPOWER

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    WALLONIA: large company energy audit

    WALLONIA: large company energy audit

    Energy audit for large companies in the Walloon Region.

    The Walloon Government Decree of 8/09/2016 imposes a “large company energy audit” every 4 years. However, it is up to companies to determine whether or not they are subject to this obligation! So, to find out, read this article and take the SME test.

    By Hervé DELPORTE
    CEO Delpower

    Which companies are concerned by the mandatory energy audit in the Walloon Region?

    This applies to all large companies without exception! A company is defined as large if it meets the following conditions:

    1. A company is an entity that:
      • Carries out an economic activity.
      • Is registered with the Banque-Carrefour des Enterprises.
    2. A large company is one that meets at least one of the following two conditions:
      • It employs at least 250 full-time equivalent employees (FTEs.;
      • It has a turnover of more than 50 million euros and an annual balance sheet total of more than 43 million euros.

    To find out if you are concerned by this obligation, contact us or take the SME test.

    What are the obligations related to this energy audit?

    Every 4 years, large companies must submit an energy audit report to the Administration. However, companies implementing an energy or environmental management system, or that are part of the Accords de Branche (Branch Agreements) are not required to carry out a full audit but must submit a summary form to the Administration.

    What is the scope of this audit?

    This mandatory energy audit must cover the entire activity of a large company in Wallonia. The scope thus includes:

    • Operational activity
    • Buildings
    • Energy production and transformation
    • Non-subcontracted internal transport

    In addition, the energy audit must cover at least 80% of the company’s final energy consumption in Wallonia. Lastly, in the case of a multi-site company, the latter can limit itself to carrying out one or more representative audits of sites or buildings located on Walloon territory and extrapolate the results to other similar sites or buildings, to cover up to 80% of the company’s final energy consumption in Wallonia.

    Carry out your large company energy audits with EASEE!

    Thanks to approved methods and business protocols, you can carry out large company energy audits in accordance with the Walloon Government Decree of 08/09/2016 on energy efficiency.

    Learn more about EASEEContact us

    You now have a tool that complies with current methodological standards. You can now carry out your regulatory audit yourself!

    Further information

    BRUSSELS: large company energy audits

    BRUSSELS: large company energy audits

    Energy audits for large companies and large consumers in Brussels.

    The Brussels region requires an energy audit every 4 years for large companies and large consumers when applying for an environmental permit.

    By Antoine BAGUETTE
    Business Developer - Delpower

    Which companies are affected by the mandatory energy audit in Brussels?

    The Brussels Region requires an energy audit:

    • For large companies. This means companies with more than 250 full-time equivalent employees (FTEs) OR with a turnover of more than €50 million and an annual balance sheet of more than €43 million.
    • For large consumers when applying for an environmental permit.

    What is the content of this audit?

    The energy audit report is produced following several visits to the facility by an approved auditor. It must follow a particular framework depending on the methodology chosen (building, process or mixed). The report lists all potential improvement measures. These measures are described in terms of:

    • Investment and operation costs,
    • Reduction of energy consumption and greenhouse gas emissions,
    • The resulting financial gains,
    • Return on investment periods without and with bonus,
    • And also in terms of the reliability of the results.

    Potential improvement measures that are deemed to be cost-effective then form the action plan. The cost-effectiveness of the measures is defined by a simple payback time:

    • Less than 5 years for building and mixed audits,
    • Less than 3 years for process audits.

    In agreement with the operator or large company, the auditor selects certain measures from the list of all measures identified by the audit, with the aim of achieving the energy saving target.

    What are the obligations related to this energy audit?

    Operators applying for an environmental permit, or the large company, have four years to:

    • Either implement all selected improvement measures (medium target),
    • Or achieve the savings target.

    Carry out your mandatory energy audits with EASEE!

    Thanks to approved methods and business protocols, you can carry out large company energy audits in accordance with the requirements of Brussels Environment.

    Find out more about EASEEContact us

    You now have a tool that complies with current methodological standards. You can now carry out your regulatory audit yourself!

    FRANCE: large company energy audits

    FRANCE: large company energy audits

    Energy audits for large companies in in France.

    In France, law no. 2013-619 of 16 July 2013 requires large companies to carry out an energy audit every 4 years.

    By Antoine BAGUETTE
    Business Developer - Delpower

    What is the regulatory framework behind these mandatory energy audits?

    The European Directive 2012/27/EU sets out the regulatory framework for energy efficiency in all European countries. Each country then transposes this directive into national laws.

    In France, it is law no. 2013-619 (known as the DDADUE) of 16 July 2013 which sets out the national regulations in the field of energy audits.

    Which companies are concerned by these audits?

    Since 5 December 2015, a company must carry out an energy audit every 4 years if it is considered a “large company“.

    A large company is any company that meets one of the following conditions for the last two accounting periods:

    • More than 250 employees (full-time equivalent), or
    • More than 50 million euros turnover AND a balance sheet total of more than 43 million euros.

    The audit must be representative, i.e. it must cover at least 80% of the company’s overall energy bill.

    Why is there an audit requirement?

    The reason is that energy audits enable the identification of possible improvements in terms of energy efficiency and the associated energy savings. This is an economic gain for society and an ecological gain for the planet.

    What is the content of this audit?

    The energy audit should at least highlight the following elements:

    • An energy consumption analysis showing consumption for each energy use.
    • An action plan to improve energy efficiency. The plan should highlight the economic and technical feasibility of the actions it contains. That is, it must put forward a costed analysis of the work, with the energy savings achievable and the payback time.

    Carry out your mandatory energy audits with EASEE!

    Thanks to approved methods and business protocols, you can carry out large company energy audits in accordance with the requirements of European Directive 2012/27 and French law no. 2013-619 of 16 July 2013.

    Learn more about EASEEContact us

    You now have a tool that complies with current methodological standards. You can now carry out your regulatory audit yourself!

    What are the penalties for non-compliance?

    Failure to comply with this audit obligation may result in financial penalties of up to 2% of turnover.

    Note that in the event of a repeat offence, the penalty may be as high as 4% of turnover.

    Which organisation manages these audits?

    Audit reports should be submitted to the French Environment and Energy Management Agency (ADEME).

    LUXEMBOURG: large company energy audits

    LUXEMBOURG: large company energy audits

    Energy audits for large companies in the Grand Duchy of Luxembourg.

    In Luxembourg the regulatory framework is governed by the Law of 5 August 1993 on the rational use of energy as amended by the Law of 5 July 2016. The latter transposes the European Directive 2012/27/EU on energy efficiency which requires an energy audit every 4 years for large companies.

    By Antoine BAGUETTE
    Business Developer - Delpower

    Which companies are concerned by these audits?

    On a non-exhaustive basis, if a company (whatever its legal form) exceeds one of the following thresholds, it is eligible for an energy audit every 4 years:

    • If the number of employees is greater than 250, or
    • If the turnover exceeds 50 million euros AND the annual balance sheet exceeds 43 million euros.

    Please note that it is up to the company to check whether or not it is concerned by this obligation!

    What is the content of this audit?

    The minimum content of the audit is determined by law and must comply with international standards for energy audits (in particular EN 16247).

    The audit should at least:

    • “Be based on up-to-date, measured and traceable operational data on energy consumption and, for electricity, on load profiles”.
    • “Include a detailed review of the energy consumption profile of buildings or groups of buildings, as well as industrial operations or facilities, including transportation”.
    • “Rely, where possible, on life-cycle cost analysis rather than simple depreciation periods to take account of long-term savings, long-term investment residuals and discount rates”.
    • “Be proportionate and sufficiently representative to provide a reliable picture of overall energy performance and to reliably identify the most significant opportunities for improvement”.

    Carry out your mandatory energy audits with EASEE!

    Thanks to approved methods and business protocols, you can carry out large company energy audits in accordance with the requirements of European Directive 2012/27 and the Law of 5 August 1993 on the rational use of energy as amended by the Law of 5 July 2016.

    Learn more about EASEEContact us

    You now have a tool that complies with current methodological standards. You can now carry out your regulatory audit yourself!

    What are the penalties for non-compliance?

    Audits had to be carried out within 5 months of the entry into force of the law of 5 July 2016, i.e. by 10 December 2016, and then at least every 4 years.

    After this period, the Minister of the Economy may carry out an inspection the effective implementation of said audits. Failure to comply with the legal obligations may result in penalties.

    Failure to carry out an energy audit or to comply with its requirements is punishable by imprisonment of 8 days to 2 months and/or a fine of 251 to 25,000 euros.

    Are there any grants or subsidies available?

    These energy audits are a legal obligation, therefore no grants (bonuses/subsidies) are available.

    On the other hand, simply carrying out these audits will enable you to identify profitable pathways for improvement. You can then save energy!

    Which organisation is responsible?

    The body that manages these audits is the Department of Energy.

    Facility managers: why use EASEE?

    Facility managers: why use EASEE?

    Facility managers: why use EASEE energy audit software?

    EASEE is a web application that enables you to carry out energy assessments, build action plans, prioritize investments and easily monitor energy KPIs. 

    By Antoine BAGUETTE
    Business Developer

    What is an energy audit?

    An energy audit can be defined as a diagnosis highlighting the energy performance of a building, a factory, an industrial process, a site, etc. The objective of the energy audit is to optimize* energy consumption and the carbon footprint

    This is usually the first task to be carried out if one wants to begin an energy efficiency and transition process.

    The audit has two distinct phases:

    1. Energy assessment: in this first phase, the energy consumed (electricity, natural gas, diesel oil, etc.) and the elements that consume this energy (boilers, air handling unit, compressors, etc.) are identified. The results of the energy assessment are then generally represented in the form of an “Energy Consumption Analysis” (ECA).
    2. Action plan: once the ECA has been established, the weak points are identified and suggestions for improvement made. The action plan summarizes these improvement pathways and characterizes them not only on the basis of their financial profitability (return on investment – ROI) but also on the basis of their technical and economic feasibility.

    (*) Note that “optimize” does not necessarily mean “reduce”. It is a question of “doing more” with the same amount of resources OR “doing the same” with less.

    What does a facility manager do?

    As the name suggests, the facility manager is responsible for the management of one or more buildings/sites/plants. Their main task is to ensure that safety, health, environmental and cost control standards are met, and that all of these are in line with the needs of the workers and the company.

    Facility management and energy

    Energy efficiency and transition are often part of the facility manager’s remit! While these issues are increasingly being addressed, companies still tend to entrust (sometimes blindly) their energy management to external companies (engineering offices, energy service companies, independent consultants, etc.). Whether or not the results are satisfactory will depend on the quality of the external service provider and the budget allocated to the mission. However, facility managers may also be required to manage the energy issues internally.

    What problems tend to arise?

    We have observed a major problem that prevents the effective and non-discriminatory deployment of energy strategies. Whether the audit is carried out internally or by an external consultant, the problem comes from the use of EXCEL in the energy audit process!

    • Before the audit: EXCEL does not enable healthy collaboration between the auditor and the facility manager. A large number of documents need to be provided (energy bills, plans, site surveys, etc.) and this requires numerous email exchanges (which are sometimes unnecessary). Furthermore, these documents are often stored and archived in a somewhat chaotic manner. Lastly, it is difficult to work on the same document/file at the same time (due to synchronization issues and errors). 
    • During the audit :
      • EXCEL makes the energy audit process opaque. Once the necessary documents have been sent to the energy auditor, the facility manager loses transparency regarding the calculations and assumptions made by the auditor. This lack of transparency can work against the auditor, and is why the energy audit process can sometimes seem unnecessarily mysterious or complex. The facility manager does not then have the possibility of easily taking charge of the audit and the energy transition strategy.
      • EXCEL does not make energy assessments easily accessible. In fact, only a few experts are able to carry out accurate energy audits, simulate complex improvement pathways and establish cost-effective action plans. This also has an impact on the availability and cost of such expertise.
    • After the audit: EXCEL makes it very difficult to consolidate multi-site information (consumption, costs, energy balances, ECAs, KPIs, improvement pathways, etc.). This makes it difficult (if not impossible) to monitor energy use in the short, medium and long term on the scale of a large number of buildings/sites/plants/etc.

    As you can see, the crucial missing element here is a software tool to carry out accurate energy audits and enable the efficient and non-discriminatory deployment of energy strategies.

    Why use our energy audit software?

    To address the issues mentioned in the previous point, we developed the EASEE solution (Energy Audit Software for Experts & Executives). Our solution is aimed at both facility managers who want to (re)take their site’s energy transition process into their own hands !

    “With EASEE, infrastructure managers can easily consolidate their results and investment plans for one or more sites at the same time. Traditional tools present major difficulties in this area. EASEE is there to solve them”

    Hervé Delporte – CEO

    Boost your energy transition with EASEE!

    Save valuable time when analysing and monitoring your energy KPIs. With EASEE, the problems of consolidating Excel numerous files are over. Now you can easily view consolidated information across a range of sites or buildings! This functionality is particularly appreciated by large property managers, multi-site companies, public authorities and federations

    See all benefitsContact us
    Energy auditors and experts: why use EASEE?

    Energy auditors and experts: why use EASEE?

    Energy auditors and experts: why use EASEE energy audit software?

    EASEE is a web application that enables you to carry out energy assessments, build action plans, prioritize investments and monitor energy KPIs. All of this for your own organisation, or on your behalf of your clients!

    By Antoine BAGUETTE
    Business Developer

    What is an energy audit?

    An energy audit can be defined as a diagnosis highlighting the energy performance of a building, a factory, an industrial process, a site, etc. The objective of the energy audit is to optimize* energy consumption and the carbon footprint

    This is usually the first task to be carried out if one wants to begin an energy efficiency and transition process.

    The audit has two distinct phases:

    1. Energy assessment: in this first phase, the energy consumed (electricity, natural gas, diesel oil, etc.) and the elements that consume this energy (boilers, air handling unit, compressors, etc.) are identified. The results of the energy assessment are then generally represented in the form of an “Energy Consumption Analysis” (ECA).
    2. Action plan: once the ECA has been established, the weak points are identified and suggestions for improvement made. The action plan summarizes these improvement pathways and characterizes them not only on the basis of their financial profitability (return on investment – ROI) but also on the basis of their technical and economic feasibility.

    (*) Note that “optimize” does not necessarily mean “reduce”. It is a question of “doing more” with the same amount of resources OR “doing the same” with less.

    What does the auditor or energy expert do? What is their role?

    Whether the auditor is internal to an organisation or external (consultant), their task is to carry out a relevant energy diagnosis and to advise the organisation on the improvement options to be prioritized (technically and economically). Ultimately, the auditor’s objective is to optimize energy consumption.

    What problems confront auditors in the carrying out of energy audits?

    EASEE is the perfect answer to the problems encountered in the practice of the energy auditor’s profession because our software was developed by them!

    Our experts have observed a major problem that prevents the effective and non-discriminatory deployment of energy strategies. The problem comes from the use of EXCEL to carry out energy audits. This is because:

    • Before the audit: EXCEL does not enable healthy collaboration between the auditor and the client. A large number of documents need to be provided (energy bills, plans, site surveys, etc.) and this requires numerous email exchanges (which are sometimes unnecessary). Furthermore, these documents are often stored and archived in a somewhat chaotic manner. Lastly, it is difficult to work on the same document/file at the same time (due to synchronization issues and errors). 
    • During the audit :
      • EXCEL makes the energy audit process opaque. Once the necessary documents have been sent to the energy auditor, the client loses transparency regarding the calculations and assumptions made by the auditor. This lack of transparency can work against the auditor, and is why the energy audit process can sometimes seem unnecessarily mysterious or complex.
      • EXCEL makes it difficult to standardize a working method. Each auditor or design office adopts its own method and calculations. To such an extent that two audits carried out at the same site often present different results! Furthermore, with EXCEL, the auditor is exposed to a considerable risk of calculation errors.
    • After the audit:
      • EXCEL makes it very difficult to consolidate multi-site information (consumption, costs, energy balances, ECAs, KPIs, improvement pathways, etc.). This makes it difficult (if not impossible) to monitor energy use in the short, medium and long term on the scale of a large number of buildings/sites/plants/etc.
      • EXCEL is not a deliverable in itself. Once the calculations, graphs and tables have been made in EXCEL, the auditor must then integrate them into a report (WORD or PPT) and comment on them.
    • Ultimately, EXCEL does not make energy assessments easily accessible. In fact, only a few experts are able to carry out accurate energy audits, simulate complex improvement pathways and establish cost-effective action plans. This long learning curve can also hinder the recruitment of new staff.

    As you can see, the crucial missing element here is a software tool to carry out accurate energy audits and enable the efficient and non-discriminatory deployment of energy strategies.

    Why use our energy audit software?

    To address the issues mentioned above, we developed EASEE (Energy Audit Software for Experts & Executives), a solution for energy auditors who want to use an innovative product that will save them valuable time !

    “Easee is a robust solution to reliably monitor a site’s energy evolution. In addition, it facilitates collaboration and enables clear communication between the various parties involved in energy management (design offices, energy teams, operational and financial managers, end users, etc.).”

    Fabien Galle – Project Engineer

    Increase productivity and reduce costs with EASEE!

    The integration of tools and working methods into a web platform allows auditors and energy service companies to standardize their calculation protocols. This improves the reproducibility and reliability of your results. Access to business expertise, through a digital tool, will give your employees - both junior and medior - better access to industry practices.

    Learn more about the benefits for auditorsContact us