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Subject to the Eco Energie Tertiaire scheme (the "Tertiary Decree"): the 1st reporting deadline for OPERAT is fast approaching! A new order, known as the "Absolute Values II Order" , has just been published. What are its main takeaways?
As a reminder, we explained this scheme in a previous article.
List of categories set by the Absolute Values II Order
The 28 categories of tertiary activities covered by the scheme are specified:
Please note: the NAF codes indicated for the relevant categories and sub-categories should not be considered a criterion for compliance. Consequently, industrial sites may still be subject to the Tertiary Decree (e.g., offices, canteens, etc.).
Objectives for the first decade (by 2030) for certain categories
New final energy consumption levels set in absolute values (Cabs)
The Absolute Values II Order sets the final energy consumption levels in absolute values (Cabs) for the following activities:
- early childhood care;
- higher education.
To refine the final energy consumption target and reflect the specific configuration of the subject premises, each of these activity categories is broken down into sub-categories.
Details for offices and education
The "Valeurs Absolues II" decree adds final energy consumption levels to the "Offices – Public Services" sector for the following subcategories: "High-Intensity Room – Trading Floor," "High-Intensity Room – Call Center," "Public Reception Area," "Large Meeting Room, Auditorium – Amphitheater," "Document Center," and "Co-Working Space" (private activity).
Subcategories have been added to secondary education. The standard temporal density for the "Primary Boarding School" subcategory under the "Pre-primary and Primary Education" category and the "Secondary Boarding School" subcategory under the "Secondary Education" category has been modified by the "Valeurs Absolues II" decree.
Key clarifications provided
Change to the unit for the reference final energy consumption level (Créf)
This value is now expressed in "kWh/m²/year of energy consumption floor area" instead of "kWh/m² of floor area."
Note: The energy consumption floor area corresponds to the area over which all energy consumption is accounted for.
This energy consumption floor area includes, in particular, parking areas (underground or above-ground) that are not taken into account when determining compliance obligations.
The compliance obligation area remains the floor area.
New buildings
The reference energy consumption (Créf) for new buildings, established based on the first full year of operation, may be adjusted following the commissioning and adjustment phase of the building's technical systems.
Note: This adjustment cannot be made more than 3 years after the building's acceptance date.
Energy consumption for the reference year for storable fuels
The "Valeurs Absolues II" decree specifies that this can be determined via:
- metered data;
- an estimate of delivery volumes based on level readings;
- an estimate by smoothing delivery volumes over a period including the most recent years of energy consumption in which the reference year is included, not exceeding 4 years of consumption.
Conditions for adjusting targets in the event of a manifest disproportion between the cost of actions and the expected benefits in terms of final energy consumption
When the buildings, parts of buildings, or groups of buildings subject to these requirements are located on the same land parcel or site as non-tertiary activities (e.g., an industrial site), the obligated party may also supplement the evidence provided for economic disproportion with results showing overall energy consumption reductions achieved at the site or land parcel level.
These results must be based on tangible evidence.
Change of energy source
It must not result in the following, assuming a constant volume of activity:
- an increase in greenhouse gas emissions;
- an increase in the use of non-renewable energy.
Therefore, an obligated party may not switch from electricity or renewable energy to a fossil fuel (heating oil, etc.).
Special measures
Energy consumption data for the years 2020 and 2021 cannot be considered representative (due to the health crisis).
Consequently, energy consumption declarations for the years 2020 and 2021 are not subject to an "Eco Energie Tertiaire" rating.
Note: these consumption figures must nevertheless be declared on the OPERAT platform before September 30, 2022.
Conclusion
The "Absolute Values II" decree does not set absolute value levels (Cabs) for all activities. Another decree, known as "Absolute Values III," is therefore expected. It will also set the Cabs for overseas departments and regions. Its publication is scheduled for the 2nd half of 2022.
If you haven't already, we invite you to determine whether you are subject to the Eco Energie Tertiaire regulations.
Tip: to determine your eligibility and then your consumption levels, refer to the detailed FAQ on the OPERAT platform.
Photo credit: 434026070 @sitthiphong