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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?

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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    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).