Éco Énergie Tertiaire: energy consumption data must be submitted by September 30
Éco Énergie Tertiaire is a regulatory requirement under the French tertiary sector decree that requires tertiary sector players to progressively reduce the energy consumption of their buildings, including data centers, to contribute to fighting climate change. The decree goes beyond the energy renovation of buildings: data center operators are required to optimize their buildings’ energy consumption on an ongoing basis, and to report this data on Ademe's OPERAT platform by September 30 each year.
1. Who is affected by the tertiary sector decree?
The tertiary decree (no. 2019-771 of July 23, 2019) concerns owners or operators of buildings accommodating tertiary activities (including data centers) in the private or public sector, with a surface area (or cumulative surface area) exceeding 1,000 m².
2. What are the targets under the tertiary sector decree?
Stemming from the Élan law, the tertiary decree or “tertiary eco-energy scheme”, published in July 2019, requires buildings in the tertiary sector to achieve significant energy savings. The targets are progressive. They can be achieved in relative terms (a percentage saving compared to a reference year) or absolute terms (target performance level set by decree, expressed in kWh/m²/year).
3. What are the obligations for data centers?
Building owners and operators must create an account and declare the energy consumption of their premises on the Observatoire de la Performance Energétique de la Rénovation et des Actions du Tertiaire (OPERAT) energy performance data platform. This platform is managed by Ademe, the French Agency for the Ecological Transition.
The decree known as “Absolute values III” of November 28, 2023 (no. 286) specified the target energy consumption savings, expressed in absolute terms, for the first decade (up to 2030) for certain categories of tertiary activity, including data centers.
For data centers, the calculation of the absolute value to be reached takes into account intensity of use and the nature of the activities carried out in the building.
- For server rooms, the main goal is to reduce the consumption of the computer equipment and the cooling systems proportionally to the surface area.
- For offices, the targets are in line with those for other tertiary sector buildings and mainly concern the HVAC systems and other types of consumption not specific to IT activity (surface area per workstation, number of hours).
As of the publication of the decree of November 28, 2023, the previous year’s consumption must be declared by September 30 each year.
It should be noted that a new decree, published in July 2024, specified the method for calculating the climate adjustment to be taken into account in the absolute value target.
4. What data must be submitted on the OPERAT platform?
The data to be submitted on the OPERAT platform are as follows:
- Entity concerned;
- Surface area of each building or part of a building;
- Tertiary activity carried out;
- Energy consumption for the reference year the targets are based on;
- Energy consumption for the previous year;
- Use intensity characteristics.
5. What are the risks associated with failure to declare the data or reach the targets?
In the event of failure to submit the information on the OPERAT platform, provide an action plan, or reach the targets, a sanction scheme based on the principle of “naming and shaming” applies. An advance formal notice is issued by the prefect to the operators with obligations under the decree. Transgressors risk an administrative fine of €7,500 for legal entities.
6. Éco Energie Tertiaire certification and rating
Once the data has been submitted, the OPERAT platform provides an annual report on the consumption level compared with the reduction targets expressed in absolute values for a large number of activities in metropolitan France. The certificate comes with an Éco Energie Tertiaire score evaluating the progress made in reducing energy consumption.
