The first deadline of the tertiary decree is September 30, 2022, the date by which you must declare a reference consumption of your tertiary activities in order to achieve the reduction targets set by the regulations.
What is the tertiary decree?
The tertiary decree, also known as the Tertiary Eco Energy Device, comes from the ELAN law (Evolution du Logement, de l'Aménagement et du Numérique), which came into force on November 23, 2018. This regulation imposes reductions in final energy consumption on all occupants of tertiary buildings.
In order to justify the savings achieved, we must first determine a reference year between 2010 and 2020. Preferably, this is outside the COVID period, with correction for external influencing factors such as weather.
You must declare this reference year by September 30, 2022 on the platform OPERAT. Then you'll have to declare your consumption and your progress towards the targets each year. You can choose to declare this progress in relative or absolute values.
|
Concerned (tertiary activity) |
Non-affected (industrial activity) |
|
Offices |
Staff rooms installed as close as possible to production activity: changing rooms, infirmary, control office... |
|
Company restaurants |
Laboratoires R&D |
|
Warehouses storing finished products for more than 5 days |
Just-in-time stocking of finished products (3 to 4 days maximum) |
|
Parkings |
Raw materials inventory |
What premises are affected by these regulations?
According to the regulations, is concerned " any set of buildings located on the same land unit or on the same site as long as these buildings house tertiary activities over a cumulative floor area greater than <1000 m2 ".
For manufacturers, it's important to identify which premises fall under tertiary activities and which are for industrial use. To do this, you need to be able to understand the breakdown of consumption, which is not shown on the energy bill.
At the same time, it's important to be able to understand the breakdown of consumption, which is not shown on the energy bill.
By studying the energy breakdown of your industrial sites, you can reduce your consumption while meeting the objectives of the tertiary decree.
What are the obligations and penalties for non-compliance?
The tertiary sector decree requires you to:
- Choose a reference year
- Implement an energy optimization strategy : action plan and modulation report
- Declare your consumption every year on the OPERAT platform
Penalties are available if you fail to transmit data or reach targets:
- Fine of 7500E per building and for each inspection for legal entities.
- Notification by the prefect and listing as a " bad student " on a government website.
While the financial penalties are not very dissuasive, taking advantage of the regulations allows you to add value to your industrial activity in terms of environmental impact, competitiveness, and cost reduction.
How to achieve consumption reduction targets
The consumption audit, even if it establishes technical recommendations, does not in itself establish a real roadmap. Without coordination with the company's investment plan, these measures have little chance of being transformed into projects.
For owners of several sites, meeting the obligations of the tertiary decree will be much more effective through an overall company organization project.
The principles of energy management systems defined by the ISO 50 001 standard can structure this global energy strategy. To complement this, the definition of a coherent Energy Master Plan will help to frame the investment measures to be implemented and give them a framework, with a long-term vision.
Energy management systems are a key element of a company's energy strategy.
