Objectives
Targets expressed in relative terms = obligation to reduce energy consumption in relation to a post-2010 reference year (with -40% in 2030, -50% in 2040 and -60% in 2050).
Targets expressed in absolute values = obligation to respect the energy consumption level set for the activity category (level set by the “Method”, “Absolute values I” and “Absolute values II” decrees – with “Absolute values III” pending).
Possible modulation and pooling strategies
Possible modulation according to :
– Technical, architectural and heritage constraints of the building (historic monument listing, safety of goods and people, etc.).
– Modification of the activity or its volume.
– Cost of work clearly disproportionate to expected benefits.
– Climatic variations.
Mutualization possible across the estate: if an estate comprises several buildings, and the effective reduction of one of them is 50% instead of 40%, the 10-point difference means that the consumption of another building in the estate can be reduced by only 30%.
Monitoring compliance with targets
Energy consumption data to be reported on the OPERAT platform, managed by ADEME. This platform automatically generates an annual digital certificate and carries out the Eco Energie Tertiaire assessment.The annual digital certificate must be posted in a visible and easily accessible place in the building.
What data must be transmitted?
According to article R.174-27 of the CCH (non-exhaustive list):- Tertiary activities- Surface area- Annual consumption by energy type and building
– Reference year and associated reference consumption
– Usage intensity indicator (to determine reduction target)
– Reason for target modulation, if applicable
– Final energy consumption linked to vehicle recharging, if applicable
– Mutualization across the estate, if applicable
Penalties
– Failure to transmit data to the platform:
The prefect may issue a formal notice to fulfill obligations within a 3-month period, after which the sanction provided for is publication on a government website of formal notices without effect (“Name and shame”).
This sanction could have negative consequences for the company’s CSR policy.
– If targets are not met :
The prefect can issue a formal notice to the lessee and lessor to draw up and submit an action program, within a 6-month period, after which the prefect can issue a new formal notice with a 3-month deadline, after which an administrative penalty will be imposed (€1,500 max for individuals; €7,500 max for legal entities). In addition, formal notices are published on the Internet.
Sources :
https://www.edf.fr/entreprises/le-mag/le-mag-entreprises/decryptage-du-marche-de-l-energie/tout-savoir-sur-le-decret-tertiaire-obligations-et-solutions-pour-reduire-vos-consommations-d-energie
https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000038812251
