The Tertiary Decree: industry is concerned
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 regulation.
What is the tertiary decree?
The Tertiary Decree, also known as the Tertiary Eco Energy Device (Dispositif Eco Energie Tertiaire), is derived 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.
To justify the savings, a reference year between 2010 and 2020 must be determined. It is preferable to choose a year outside the COVID period, with correction for external influencing factors such as weather.
You must declare this base year by September 30, 2022 on the OPERAT platform. After that, you will have to declare your consumption and progress towards the targets every year. You can choose to declare this progress in relative or absolute values.
What premises are concerned by this regulation?
According to the regulation, it applies to "any group of buildings located on the same land unit or on the same site if these buildings host tertiary activities with a total floor area of more than 1,000 m2".
For industrialists, it is important to differentiate between premises used for tertiary activities and those used for industrial purposes. To do this, you need to understand the breakdown of consumption, which is not shown on the energy bill.
By studying the energy distribution 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 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 imposed if you fail to transmit the data or do not achieve the objectives:
- Fine of 7500€ per building at each control for legal entities.
- Formal notice by the prefect and referencing as "bad pupil" on governmental website.
While the financial sanctions may not be very dissuasive, complying with the regulation allows you to enhance your industrial activity in terms of environmental impact, competitiveness, and cost reduction.
How to achieve the consumption reduction objectives?
The consumption audit, while providing technical recommendations, is not enough to establish a concrete roadmap. Without coordination with the company's investment plan, these measures are unlikely to be transformed into projects.
For owners of multiple sites, meeting the obligations of the Tertiary Decree will be 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. In addition, defining a coherent Energy Master Plan will allow for the implementation of investment measures with a long-term vision.