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OPERAT : how to declare and track your obligations related to the tertiary decree

The tertiary decree mandates a progressive reduction in the energy consumption of buildings. To help you comply, ADEME’s OPERAT platform is a central tool. It allows you to declare your consumption and track your performance. This article guides you through the steps and challenges of this scheme.

Key Takeaways

  • The OPERAT platform is ADEME’s official tool for declaring the energy consumption of tertiary buildings subject to the tertiary decree.
  • All tertiary buildings over 1000 m² are concerned, whether they are used for offices, retail, healthcare, education, etc.
  • Annual declaration on OPERAT is mandatory and must include energy consumption and a reference year.
  • Consumption reduction targets are set for 2030, 2040, and 2050, with an Éco Énergie Tertiaire rating to assess your progress.
  • Failure to comply with obligations can lead to sanctions, so it is important to follow your procedures carefully and consider support solutions if necessary.

Understanding the OPERAT Scheme and the Tertiary Decree

What is the OPERAT Platform?

The OPERAT platform, established by ADEME, is the centralised system for managing and monitoring energy obligations related to the tertiary decree. It enables owners and operators of tertiary buildings to declare their annual energy consumption. It is an essential tool for ensuring regulatory compliance and visualising the energy performance of your properties. It serves as the reference for all collected data and set objectives.

Objectives of the Tertiary Decree

The tertiary decree, stemming from the ELAN law, aims to significantly reduce the final energy consumption of tertiary buildings in France. The objectives are ambitious and progressive:

  • 40% reduction by 2030 compared to a reference year (between 2010 and 2019).
  • 50% reduction by 2040.
  • 60% reduction by 2050.

These reductions contribute to the fight against climate change and the overall performance improvement of the French tertiary property sector. Achieving these objectives can be done through actions on usage, equipment, or renovation work. The OPERAT platform allows you to track these developments.

Stakeholders Concerned by the Tertiary Decree

The tertiary decree primarily targets owners and tenants of tertiary buildings or groups of buildings with a floor area of 1,000 m² or more. This includes a wide variety of activities:

  • Offices
  • Retail outlets
  • Hotels and restaurants
  • Healthcare and educational establishments
  • Warehouses and logistics facilities
  • Stations and airports
  • Sports and cultural venues

Even industrial or agricultural companies with offices exceeding 1,000 m² are concerned. Precise identification of the subject functional entities (EFA) is therefore a key step in determining who must declare on OPERAT.

Identifying Buildings Subject to OPERAT

Before you can declare your consumption on the OPERAT platform, it is essential to determine which buildings fall within the scope of the tertiary decree. This step is fundamental as it conditions all your future actions.

Surface Area Criteria for Tertiary Buildings

The tertiary decree applies to buildings or parts of buildings used for tertiary purposes, whether public or private. The main criterion is the floor area. If the floor area of a subject functional entity (EFA) exceeds 1000 m², it is subject to the regulation. It is important to note that this area applies only to tertiary activities. Groups of buildings located on the same plot of land are also taken into account if the sum of the tertiary areas reaches this 1000 m² threshold.

Types of Tertiary Activities Concerned

The decree targets a wide range of activities. This includes, but is not limited to:

  • Offices (public and private)
  • Retail outlets and shopping centres
  • Educational establishments
  • Healthcare establishments
  • Hotels and tourist accommodation
  • Warehouses and storage facilities (if part is dedicated to a tertiary activity)
  • Logistics platforms

It is essential to accurately classify the main activity of each building to ensure it is subject to the decree. Non-profit sector structures, such as hospitals or administrations, are also concerned if they have tertiary premises exceeding 1000 m².

Buildings Excluded from the Scheme

Certain categories of buildings are explicitly excluded from the tertiary decree scheme. These primarily include:

  • Constructions for which a temporary building permit has been granted.
  • Buildings or parts of buildings intended for worship (places of prayer).
  • Buildings or parts of buildings used for national defence, civil protection, or internal security of the territory.

It is therefore important to check if your buildings fall into one of these exclusion categories before proceeding with any declaration. Accurate identification of your subject property portfolio is the first step towards compliance with the tertiary decree.

Key Steps for Declaring on OPERAT

Declaration interface for the tertiary decree

To comply with the tertiary decree, the OPERAT platform is your primary tool. The process may seem complex at first, but it breaks down into several logical steps. It is important to understand them well for a successful declaration.

Defining Subject Functional Entities (EFA)

The first action is to identify and declare what are known as Subject Functional Entities (EFA). An EFA represents a tertiary area subject to the decree’s obligation. For each EFA, you will need to provide precise information such as the building’s address, its total exploited area, the nature of the tertiary activity carried out there, and, most importantly, the reference year you choose for your consumption. This reference year is crucial as it will be used to calculate your reduction targets. It is therefore advisable to choose a year that is representative of your usual consumption.

Choosing the Reference Year for Your Consumption

As mentioned, choosing the reference year is a decisive step. This year must be between 2010 and 2022. A poorly chosen year, for example, a year with exceptionally low or high consumption, could distort the calculation of your reduction trajectory and make achieving the targets more difficult. It is often recommended to consult your historical data to select the most relevant year. A poor choice can lead to subsequent difficulties, as highlighted by the need not to neglect the quality of the data declared on OPERAT.

Entering Energy Consumption Data

Once your EFAs are defined and your reference year is chosen, you need to enter your energy consumption data. This covers all energy sources used by the building: electricity, natural gas, propane gas, fuel oil, district heating or cooling networks, etc. The data to be provided are the annual consumptions for each type of energy. You can enter this information manually, based on your invoices, or use more advanced tools. For owners of multiple sites, using an Energy Management System (EMS) can greatly simplify this task and reduce the risk of errors. It is possible to receive assistance for this step, particularly from professionals who can help with data collection and validation. The goal is to provide reliable figures so that the platform can accurately calculate your performance and targets. The collected information then allows OPERAT to generate an annual certificate, an important document to justify your compliance.

The accuracy of the entered data is paramount. Incorrect information can lead to an inaccurate assessment of your performance and complicate compliance with the tertiary decree.

Declaration Procedures on the OPERAT Platform

Once you have identified the buildings concerned by the tertiary decree and defined your Subject Functional Entities (EFA), it is time to proceed with the declaration itself on the OPERAT platform. This step is essential for monitoring your obligations. ADEME provides a tool that offers several options for fulfilling this obligation.

Direct Data Entry on OPERAT

The most direct method is to manually enter your energy consumption data directly into the designated fields on the OPERAT platform. This involves logging into your personal account and entering, for each EFA, the required information: reference year, consumption by energy type (electricity, gas, heat, etc.), and possibly usage intensity indicators if your activity justifies it. This approach requires particular attention to avoid data entry errors. It is recommended to gather all your invoices and energy data before starting.

Using Third-Party Tools for Declaration

To simplify the process, especially if you manage a large property portfolio or complex data, you can use third-party tools. These solutions can be Energy Management Software (EMS) or systems specifically developed to meet the requirements of the tertiary decree. These tools often allow direct data import from your accounting systems or building management systems. They can also perform preliminary calculations and check the consistency of information before transmission to OPERAT. The interface between your tool and the OPERAT platform is generally managed via file exchanges or APIs.

Appointing an Authorised Representative for Your Procedures

If you do not have the necessary internal resources or expertise, you can delegate the declaration on OPERAT to a third party. This representative can be an engineering firm specialising in energy efficiency, a service provider, or even an energy distribution network operator, under certain conditions. By entrusting this task to a professional, you ensure that the declaration is carried out correctly and within the deadlines. The representative will act on your behalf and will be responsible for transmitting the data to the OPERAT platform.

The annual declaration on OPERAT is a regulatory obligation. It is therefore essential to ensure the reliability of the transmitted data and to respect the deadlines, particularly the 30 September deadline for declaring year N-1.

Here are the general steps for declaration:

  1. Account Creation: If you haven’t already, create your account on the OPERAT platform.
  2. EFA Declaration: Register each Subject Functional Entity concerned.
  3. Consumption Entry: Enter the annual energy data for each EFA.
  4. Validation: Review the information and validate your declaration before the deadline.

Monitoring and Evaluating Your Energy Performance

Tertiary building with modern facade and greenery.

Once your data has been declared on the OPERAT platform, monitoring and evaluating your energy performance becomes a continuous and essential step. It’s not just about ticking a regulatory box, but about understanding where you stand in relation to the targets set by the tertiary decree.

Understanding the OPERAT Annual Certificate

Each year, after your declaration, OPERAT generates a certificate. This document is your primary tool for visualising your progress. It details your energy consumption, compares it to your specific reduction targets, and indicates whether you are on the right track. It is therefore crucial to carefully analyse this certificate to identify any discrepancies. It also serves as proof of your efforts to the authorities.

The Éco Énergie Tertiaire Rating

Beyond the certificate, OPERAT assigns an Éco Énergie Tertiaire rating. This rating, ranging from a grey leaf to three green leaves, provides a visual assessment of your energy performance. It takes into account several factors, including your consumption adjusted for climate variations and your greenhouse gas emissions. A good rating can enhance the value of your property.

Analysing Your Declaration Results

Analysing the results goes beyond simply reading the generated documents. It involves understanding trends over several years. Here are some key points to examine:

  • Consumption Trends: Track the actual decrease in your energy consumption (electricity, gas, heat, etc.) year after year.
  • Reduction Trajectory: Verify that you are adhering to your assigned reduction trajectory, taking into account your reference year.
  • Usage Intensity Indicators: If you have provided indicators related to the occupancy or activity of your buildings, analyse their impact on consumption.
  • Greenhouse Gas Emissions: Assess the reduction in your carbon footprint, a key objective of the decree.

In-depth analysis of the data declared on OPERAT not only ensures regulatory compliance but also identifies concrete optimisation opportunities. Ignoring these results means missing out on opportunities for savings and improving your buildings’ performance.

Regular monitoring of energy consumption is a proactive approach that allows for rapid identification of anomalies and adjustment of your management strategies. This contributes to better overall energy efficiency and can translate into substantial financial savings, while improving the environmental performance of your real estate assets [b940].

Leveraging Actions to Comply with the Tertiary Decree

To achieve the ambitious objectives set by the tertiary decree, a structured and multi-faceted approach is necessary. It’s not just about undertaking costly works, but first and foremost about optimising what already exists. The levers for action are varied and can be combined to maximise energy gains.

Optimising Usage and Equipment

The first step often involves reviewing how energy is used on a daily basis. This requires a detailed analysis of consumption to identify the most energy-intensive areas and potential savings. Adjusting the operating parameters of heating, ventilation, and air conditioning (HVAC) systems is a quick and effective lever. For example, a simple change in temperature settings or operating hours can generate significant reductions. The same applies to lighting: ensuring lights are switched off in unoccupied areas and optimising the use of natural light are simple but impactful actions. Installing Building Management Systems (BMS) or Building Automation and Control Systems (BACS) can automate these optimisations and provide valuable data for continuous monitoring. These systems allow for finer control of equipment and rapid response in case of consumption deviations.

Energy Renovation of Buildings

When usage optimisation reaches its limits, energy renovation becomes a key step. This can include thermal insulation work to reduce heat loss in winter and heat gain in summer. Replacing old joinery with more efficient models, insulating roofs, walls, or floors are all actions that improve occupant comfort while reducing energy demand. Modernising energy production equipment (boilers, air conditioning systems) with more efficient models, or even installing renewable energy sources, also contributes to achieving the objectives. These investments, although more substantial, offer lasting gains and contribute to the enhancement of property value.

Active Consumption Management

Beyond one-off actions, active and continuous consumption management is essential to maintain performance over time. This involves implementing regular monitoring of energy data, ideally through dedicated Energy Management Systems (EMS). These platforms allow for real-time visualisation of consumption, anomaly detection, tracking of target achievement, and planning of corrective actions. Preventive maintenance of technical installations is also a crucial aspect to ensure their proper functioning and avoid overconsumption due to malfunctions. Finally, raising awareness and involving occupants are often underestimated but represent a powerful lever. Encouraging eco-friendly habits and informing about the importance of energy sobriety can transform behaviours and significantly contribute to energy savings. Achieving the tertiary decree’s objectives relies on a combination of these different strategies, adapted to each building and its specificities for a better understanding of the objectives.

Compliance with the tertiary decree is not just an administrative procedure; it is part of a logic of continuous improvement of building energy performance. A comprehensive approach, combining usage optimisation, targeted renovation, and rigorous monitoring, is the key to success.

Regulatory Deadlines and Risks of Non-Compliance

It is important to fully understand the key dates and the consequences if you do not comply with the tertiary decree. The OPERAT platform is there to track all of this, but you have to play the game.

Calendar of Upcoming Declarations on OPERAT

Annual declaration on OPERAT is an obligation. It allows for tracking the evolution of your energy consumption. You need to start in advance to avoid being caught off guard. Deadlines are set and it is essential to meet them to avoid any problems.

Here are the main steps to keep in mind:

  • Annual Consumption Declaration: You must submit your energy data each year. The deadline is generally set at the end of the year following the reference year.
  • Submission of Technical Modulation Dossier: If you encounter difficulties in achieving the objectives, you can request a modulation. This dossier must be submitted before 30 September 2027 for the first deadline cycle (which ends in 2030).
  • Achievement of Intermediate Objectives: Reduction milestones must be met regularly. The first objective is a 40% reduction by 2030.

Consequences of Non-Declaration or Failure to Meet Objectives

Failing to declare your consumption on OPERAT or failing to meet reduction targets has repercussions. The administration can initiate a control procedure. Initially, a formal notice will be sent asking you to regularise your situation. This is an opportunity to correct your course.

The absence of effective energy management is often the primary cause of performance discrepancies, rather than a fault in the equipment itself. It is therefore essential to implement a monitoring and action strategy.

Administrative Sanctions Incurred

If, despite the formal notice, the situation is not regularised, sanctions may apply. The tertiary decree provides for fines: up to €1,500 for individuals and €7,500 for legal entities. Furthermore, a « name and shame » system exists: the names of organisations that do not comply with their obligations may be made public. This is a transparency measure aimed at encouraging compliance from all stakeholders in the tertiary sector. It is therefore strongly advised to carefully follow the obligations of the tertiary decree to avoid these inconveniences.

Support for OPERAT Compliance

Complying with the tertiary decree and the OPERAT platform can be a challenge. Fortunately, various forms of support exist to help you navigate these obligations.

The Role of Specialised Engineering Firms

Engineering firms specialising in energy performance are key partners. They provide in-depth technical expertise to analyse your consumption, identify areas for improvement, and help you prepare your declaration dossier on OPERAT. They can be involved in specific tasks, such as choosing the reference year or preparing data, or offer comprehensive support over several years. Their in-depth knowledge of regulations and technical solutions helps to secure your procedures and optimise your results.

Energy Management System (EMS) Software Solutions

Energy Management Systems (EMS) are IT tools designed to collect, analyse, and visualise your consumption data. They greatly facilitate the entry of information onto the OPERAT platform, often through dedicated interfaces. Using an EMS not only simplifies the annual declaration but also ensures continuous monitoring of your energy performance throughout the year. These tools are essential for proactive energy management.

Training on the Requirements of the Tertiary Decree

Understanding the ins and outs of the tertiary decree is an important step. Training courses are available to help you master regulatory obligations, OPERAT declaration procedures, and energy performance improvement strategies. Acquiring this knowledge will make you more autonomous in managing your obligations and enable you to better communicate with the professionals assisting you. A good understanding of the scheme is the first step towards successful compliance for consumption monitoring.

The complexity of the tertiary decree and the OPERAT platform should not be a barrier. Support, whether human or technological, is designed to simplify your procedures and transform a regulatory constraint into an opportunity for improving your buildings’ performance.

Need help to follow the rules? We are here to guide you! Our team will assist you step by step to ensure everything is in order. Don’t worry about complicated procedures anymore. Visit our website today to discover how we can help you easily comply.

In Summary: The Tertiary Decree, a Process to Anticipate

So, we’ve covered what you need to know about the tertiary decree and the OPERAT platform. It’s no small feat, I admit. You need to understand that declaring your consumption is the first step. The real challenge is to implement concrete actions to reduce that consumption. Think of it as a marathon, not a sprint. The good news is that by taking it seriously, you can not only comply with the law but also save money and make our buildings more pleasant. Don’t wait until the last moment to get started, because every year counts towards achieving the set objectives. It’s a long-term effort, but necessary for the future.

Frequently Asked Questions

What is the tertiary decree and why do we have to declare on OPERAT?

The tertiary decree is a rule that requires large buildings (over 1000 m²) to consume less energy. OPERAT is the official website where we must state how much energy these buildings have used each year. It’s like a big assessment to ensure everyone is making an effort to save energy.

Who is obliged to declare their consumption on OPERAT?

It mainly concerns people who own or rent buildings for activities such as offices, shops, schools, or hospitals, if these buildings are over 1000 square metres. Basically, if your building is large enough and used for work or providing services, you must make a declaration.

How do I know if my building is covered by the tertiary decree?

You need to look at the size of your building. If the total area where tertiary activities (offices, retail, etc.) take place exceeds 1000 m², then yes, it is covered. There are a few exceptions, such as places of worship or buildings for defence, but generally, if it’s a large tertiary building, you need to deal with it.

What needs to be declared on the OPERAT platform?

You need to provide information about your building, such as its type of activity and its size. Then, the most important thing is to enter the amount of energy the building consumed over a full year (electricity, gas, etc.). You also need to choose a reference year for comparison.

What happens if I don’t declare my consumption or if I don’t meet the objectives?

If you don’t make your declaration, or if your building doesn’t reduce its energy consumption enough, there are risks. The government can issue a warning, publish your name to show you are not compliant, and even fine you. It’s better to do things correctly.

How can I reduce my energy consumption to comply with the tertiary decree?

There are several tips! You can start by properly adjusting heating and air conditioning, turning off lights when leaving a room, and improving building insulation. Sometimes, changing old light bulbs for LEDs or more modern equipment also helps a lot. It’s a combination of good habits and small renovations.

Can I ask someone else to make the declaration on OPERAT for me?

Yes, you can! You can authorise someone else, called a representative. This could be a company specialising in energy or an expert who will handle the procedures for you. It’s convenient if you don’t have the time or want to be sure everything is done correctly.

What is the ‘Éco Énergie Tertiaire’ rating on the OPERAT certificate?

It’s a bit like a grade for your building. The OPERAT certificate tells you if you are on the right track to reduce your energy consumption. If you’re doing well, you’ll get ‘green leaves’, like a good grade. If you’re not making enough effort, you’ll get a ‘grey leaf’. It helps you see where you stand.

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