Tertiary sector decree: How to turn constraints into energy savings by 2024?

The tertiary sector decree aims to optimize the energy consumption of tertiary buildings. By 2024, this constraint can be transformed into energy savings by: 1) carrying out an energy audit to identify major consumption items, 2) installing energy metering to measure energy consumption, 3) investing in more energy-efficient equipment, and 4) raising occupant awareness of eco-responsible practices. These actions not only meet regulatory requirements, but also significantly reduce energy costs.


What obligations does the tertiary sector decree impose, and how can they affect the energy management of your buildings? This regulation stipulates a substantial reduction in energy consumption for tertiary spaces. It affects owners and tenants alike, and guides the industry towards optimized energy efficiency. This introduction prepares you to decipher the decree and its requirements, and helps you consider the necessary changes without compromising your operations.

Key points


Understanding the Tertiary Decree and its Impact on Energy in Buildings

Following the publication of the Tertiary Decree in the official gazette on September 30, 2021, France is embarking on a major energy safeguard challenge. At the heart of France's sustainable development policies, the Tertiary Decree, enshrined in the 2018 ELAN law, represents a cornerstone of the national energy strategy. It aims to significantly reduce energy consumption in tertiary buildings, which currently account for 15% of the country's energy demand and are responsible for 7.4% of greenhouse gas emissions. This legislation reflects France's commitment to reducing its greenhouse gas emissions, in line with its climate ambitions.

The tertiary sector decree is first and foremost an obligation to achieve results, prompting players in the sector to review the value of their final energy consumption. It implies profound changes in building energy management, encouraging energy-efficient use. The implications are far-reaching, and the transformation brought about by this decree promises to be a powerful catalyst for increased energy performance and sustainable energy savings.


Stakeholders concerned by the Tertiary Eco Energy Decree

The Tertiary Eco Energy Decree applies equally to the public and private sectors, covering tertiary buildings or parts of buildings with a floor area or operating area of over 1,000 square meters, whatever their size. The definition of EFAs (entities fonctionnelles assujetties) covers a wide range of sectors, including offices, public services, educational structures, leisure and sports facilities, as well as historical monuments, the latter also having to comply with the requirements while preserving their unique character.

You are the owner or occupier of a commercial building

Are you the owner or occupier of a commercial building? Are you a local authority or government department? Are you a building professional, project owner or project manager? Are you an operating company, property manager or energy distribution network operator? You all have an obligation to implement actions to reduce energy consumption in the municipal buildings, offices, shops, hotels, hospitals, banks, schools and universities, etc. that you manage or operate.

There are many players involved: owners, lessees, and even the operators of these spaces. Each entity must therefore take a close look at its energy consumption levels and commit to steps to reduce them. All players share responsibility for achieving energy transition targets, making the regulation of building energy consumption a common challenge.

* Note: Industrial sites are also covered by the Tertiary Decree if, on the same site or land unit, more than 1,000 m² of premises are dedicated to a tertiary activity.


Final energy consumption reduction targets

The ambitious objectives of the tertiary sector decree are set for the long term, with precise deadlines: -40% reduction in final energy consumption by 2030, -50% by 2040 and -60% by 2050, in comparison with the reference energy use which cannot be prior to 2010. These targets are supported by the implementation of two methods set out in the decree, ensuring that the reduction in energy consumption is monitored and achieved.

The first deadlines, set for 2030, will serve as milestones for assessing progress and adjusting strategies where necessary.

Fixed Energy Performance in Absolute Value

The "absolute values I" amending decree, promulgated on January 17, 2021, clarifies the strategically established energy consumption thresholds and aims for significant reductions by 2030, in key sectors such as education, public service offices and logistics. Progress towards this energy transition is further consolidated by the development of the "absolute values II" decree, issued on April 22, 2022, which extends and affirms these consumption targets. The first method of measuring energy performance is based on absolute values, using the reference energy consumption (Créf) of each building. This value, expressed in kWh per square meter, is adjusted according to climatic conditions and the type of energy used. Absolute energy consumption thresholds are defined on the basis of reference standards for new buildings, and vary according to the category of tertiary activity. They are weighted according to climatic variations.

Specific indicators set the levels to be reached, with requirement levels established for sectors such as offices, education and cold logistics. In this way, each sector will be able to refer to a target energy consumption model to steer its improvement actions.

Modulation and Flexibility in Implementation

The second method offers a degree of flexibility in the application of the decree, allowing reduction targets to be adapted according to various criteria. This flexibility takes into account constraints such as specific technical or architectural features, changes in activity, or costs deemed disproportionate to the expected benefits.

This flexible approach ensures that targets remain realistic and achievable, while promoting a measured and sustainable energy transition.


How to meet the requirements of the Decree

To comply with the Tertiary Decree, establishments must draw up and implement targeted action plans. These plans must demonstrate how the reduction targets will be achieved, echoing the semantic transition from 'works' to 'actions', underlining the importance of energy efficiency strategy and measures.

Energy experts are available to support facilities in this process, helping to collect and analyze energy consumption data. In addition, dedicated training courses are offered to equip energy managers, enabling them to effectively navigate the challenges of the decree. For their part, local authorities can opt to delegate implementation to specialized in-house teams or consultancy firms.


Strategies and Actions to Reduce Energy Consumption

To achieve a tangible reduction in energy consumption, it is essential to implement appropriate strategies and actions.

First and foremost, it's essential to carry out an energy audit to identify energy-spending areas.

Installing energy meters, smart meters and IoT sensors to measure energy use and water flow and optimize consumption reduction.

The installation of high-efficiency equipment such as variable speed drives on ventilation and air-conditioning systems, LED lighting and solar thermal systems can all contribute to improving the energy performance of buildings. In addition to reducing energy consumption, these actions can also reduce operating costs and enhance the value of the asset, offering an attractive return on investment.

To achieve the objectives set by the decree, we need to put in place a well-honed energy efficiency strategy.

Carrying out an energy audit

Carrying out an energy audit is a key stage in the tertiary sector decree. This in-depth examination identifies opportunities for improving the energy performance of the buildings concerned. It involves analyzing current energy consumption, assessing existing energy systems and identifying losses. Following this audit, an action plan can be drawn up to implement corrective measures such as insulation, replacing obsolete equipment with more efficient solutions or integrating renewable technologies. An energy audit is therefore an essential prerequisite for transforming regulatory constraints into energy-saving opportunities.

Water consumption monitoring: Collect and analyze your energy data:

This is the first step in meeting the obligation to declare your final energy consumption annually.

The tertiary eco-energy scheme (the other name for the tertiary decree), with its little green or grey leaves, requires monitoring of water consumption.

collect and analyse your energy data
By 2050, 68% of the population will live in cities

With thousands of kilometers of domestic hot water, heating and cooling networks distributed over several thousand square meters of commercial buildings, data collection can be tedious. Especially when hot water, heating or cooling is distributed to different users in the same building. By managing water use now, you can not only optimize your bills, but also preserve an indispensable resource.

By 2050, almost 68% of the population will be living in cities. Against this backdrop, water scarcity will be a major concern for France in 2050.

Even more so, given that 70% of distributed water is consumed by the building sector. And that one building in three is subject to permanent leakage, representing up to 60% of water bills.

In this context, the use of water consumption meters and the implementation of an action plan to control and manage this resource are an essential advantage.

Performance Equipment and Technologies

The adoption of advanced technologies, such as Building Management Systems (BMS), is an effective way of optimizing the energy performance of commercial buildings. These systems can generate substantial energy savings, ranging from 5 to 30%.

In addition, the decree requires the installation of a Building Automation and Control System (BACS) by 2025, reinforcing the importance of automation in building energy management. Advice and support are available to assist with the installation of energy management systems, in compliance with ISO 50001.

Optimal temperature control and adjustment in commercial spaces can lead to more efficient, predictive energy consumption.

The installation of thermal energy meters, such as those supplied by Fuji Electric, offers significant possibilities for improving energy performance in commercial buildings.

Thermal energy meters, with their ability to precisely measure the amount of energy used for heating, cooling and steam production, enable us to identify exactly where and how energy is consumed within a building. This in-depth knowledge is essential for implementing measures to reduce energy expenditure and optimize processes, leading to significant savings.

By providing essential data for controlling energy processes, this equipment improves operational efficiency and reduces operating costs. The integration of a building management system (BMS), combined with the use of thermal energy meters, creates an environment where temperature and energy consumption can be adjusted optimally and predictively, offering potential energy savings of 5 to 30%.

To optimize, you need to measure

To optimize, you need to measure. Knowing water consumption, building by building and by use, is essential for identifying losses, optimizing monitoring and maintenance activities, and detecting sources of savings.

To do this, you need water meters reliable, easy to install without interrupting water production, technically straightforward and without increasing the cost of managing and maintaining your installations.

Many building management departments have already rented portable ultrasonic meters or installed liquid flow meters to measure their water consumption. How about you?

Staff awareness and training in energy saving

In addition to equipment and technology, staff awareness and training play a key role in reducing energy consumption. Introducing users to best practices can reduce energy consumption by 10-20%. These awareness-raising initiatives can also help to establish a corporate culture of environmental responsibility.

By encouraging eco-responsible behavior, employees become key players in the success of energy reduction objectives, reinforcing the overall impact of the strategies implemented.


On September 30, 2022, it will be too late

Monitoring and Reporting: The OPERAT Platform at the heart of the process

The OPERAT platform, developed by ADEME, is a central tool for annual reporting and monitoring of actions to reduce energy consumption. All owners and tenants of commercial buildings must submit their energy consumption data to this platform by September 30 of each year.

This online declaration process is designed to be as seamless as possible, incorporating all the necessary information such as types of activity, building surface area and modulations envisaged. What's more, OPERAT provides detailed reports that take into account climate variations and greenhouse gas emissions, issuing an energy performance certificate.

The tool also offers an energy rating, making it easy to detect over-consumption and adjust strategies accordingly.


Sanctions and Consequences of Non-Compliance

The penalties for non-compliance with the decree's obligations are clear and can have a considerable impact. Individuals are liable to a fine of €1,500, while legal entities risk a fine of up to €7,500. If reduction targets are not met, an action plan must be presented within six months, failing which the company is liable to a formal notice and administrative fines.

Beyond the financial penalties, the reputation of organizations can be severely affected, illustrating the importance attached by society to environmental compliance. Name & Shame, which consists in publicly naming defaulting entities, can also be used as a means of pressure to encourage compliance with the decree.


Linking the Tertiary Decree to Environmental Certifications

The Tertiary Decree does not operate in a vacuum, but is part of a well-established ecosystem of environmental standards and certifications. Approaches such as HQE® and LEED® are in synergy with the requirements of this decree, aligning energy performance objectives with internationally recognized environmental criteria. ISO 50 001 certification, which promotes a successful energy management system, is a perfect illustration of this convergence of interests between regulation and standardization, reinforcing the principles of energy monitoring and optimization.

This correlation encourages companies to go beyond mere regulatory compliance and aim for environmental excellence. In fact, by complying with the Décret Tertiaire, commercial buildings move closer to the standards required to obtain these prestigious certifications, creating added value and a competitive advantage in a market increasingly concerned with sustainability.


Prospects for changes in energy regulations

The energy regulation horizon promises to be rich in innovation and progress, guided by guidelines such as those established by the Grenelle II law. The construction of greener, more connected buildings, using advanced technologies to reduce energy consumption by 24% to 40%, is in harmony with the ambitions of the Tertiary Decree. This dynamic marks a step towards an era of intelligent buildings, where optimum energy performance and user comfort go hand in hand.

The modulation of targets, adapted to the specific characteristics of each sector, enables a personalized and effective approach to the pursuit of energy excellence, marking another step towards achieving reduction targets by September 30, 2026. By anticipating future developments, players in the commercial sector are invited to adapt and innovate, paving the way for even more ambitious regulations. This orientation towards higher standards of construction and energy renovation invites all players to continuous improvement, thus reinforcing competitiveness in a world where energy and concern for the environment are central concerns.


The tertiary sector decree: more than a regulatory constraint, it's an opportunity

In conclusion, the Tertiary Decree is much more than a regulatory constraint; it's an opportunity to rethink our relationship with energy in tertiary buildings. By aiming for a gradual and ambitious reduction in energy consumption, this decree stimulates innovation and catalyzes the transition to more efficient and responsible buildings. The strategies and actions to be implemented, the importance of high-performance technologies, raising staff awareness, and the use of monitoring tools such as the OPERAT platform are all levers enabling players in the sector to embark on this adventure with confidence and efficiency.

The approach is demanding, but the benefits are undeniable: not only in terms of energy and cost savings, but also in terms of property value and reputation. Penalties for non-compliance serve as a reminder of the importance of the issue, while alignment with environmental certifications raises the bar for performance. Let's look to the future with optimism, and take part in this evolution of energy regulations, for a more sustainable world and an exemplary tertiary sector.


Fuji Electric solution

Our ultrasonic flow meters are economical, compact and easy to install.

Fuji Electric will support you in your efforts to meet the savings targets imposed by the Tertiary Sector Decree, and help you make your consumption data available on the ADEME platform.

 

We have both the knowledge of regulatory constraints and the metering solutions you need to meet your commitments at the lowest possible cost.

Our ultrasonic flow meters use the principle of transit time difference measurement. These flow meters are particularly well suited to measuring the flow of a wide range of liquids (service water, wastewater, industrial water, seawater, pure water, irrigation water, oil, etc.) at temperatures from -40 to +200°C.

Our ultrasonic flowmeters are economical, compact and easy to install.

They are much more economical than electromagnetic flowmeters. The larger the diameter of an electromagnetic flowmeter, the higher the price. Whereas the price of an ultrasonic flowmeter remains the same, whatever the pipe diameter.

Ultrasonic flow meter M-Flow PW Fuji Electric

 

The M-Flow PW ultrasonic flow meter is easy and economical to install. Direct installation requires no piping work, and no production downtime. The size and weight of its sensor (less than 350 mm for 400 g in its compact version) and transmitter (140 by 130 and 70 mm thick for less than a kilo) enable installation in small spaces.

The result?

 

Non-intrusive implementation, with no loss of operation, considerably reduces installation time and costs, especially when you need to work on existing piping systems.

 

Since the M-Flow PW ultrasonic flow meter is mounted in a fixed position on the outside of the pipe, it can be attached to pipes of different materials: plastic (PVC, etc.) and metal (stainless steel, steel, copper, aluminum, etc.), thanks to an easy-to-use clamp system.


Your benefits

Your advantages with the Fuji Electric M-Flow flow meter
  1. Non-intrusive installation, with no need to interrupt piping or stop production.
  2. Easy installation, with no increase in management and maintenance costs.
  3. Precise consumption measurement for each of your buildings

Ultrasonic flow measurement solution for M-Flow PW ultrasonic liquid flowmeter

Liquid ultrasonic flow measurement solution M-Flow PW flow meter
  • Easy, cost-effective installation
    No piping work or production downtime

 

  • Ease of use
    Backlit LCD display and front-panel keypad

 

  • Compact and lightweight
    Easy to install, even in small spaces

 

  • Fast, reliable measurement
    Excellent resistance to air bubbles, accuracy +/- 1.5%.

    Response time 0.2 s

 

  • Wide range of applications
    Wide choice of liquids, pipe diameters and materials

 

  • Easy data collection
    Analog and pulse output.

    RS-485 Modbus communication function

Seize the opportunity and integrate our ultrasonic flow measurement solution for monitoring water consumption

OUR FLOW MEASUREMENT EXPERTS ARE HERE TO HELP YOU REDUCE YOUR WATER CONSUMPTION


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Tertiary sector decree: How to turn constraints into energy savings?

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