Reduction of energy consumption in tertiary buildings

Verified 09 September 2025 - Directorate of Legal and Administrative Information (Prime Minister)

The buildings, parts of buildings or sets of buildings of which at least 1,000 m² of the surface is dedicated to activities tertiary shall meet energy consumption reduction targets by 2030, 2040 and 2050. Owners and tenants of these infrastructure must transmit annually the energy consumption of these buildings on the platform OPERATE. We explain the regulations.

General case

The buildings concerned by the obligation to reduce their energy consumption are buildings, parts of buildings or sets of buildings. existing buildings for tertiary use located in Metropolitan France, in Guadeloupe, French Guiana, Martinique, Reunion and Mayotte.

All of the following buildings are affected:

  • Any building hosting exclusively activities tertiary on a floor area of 1 000 m² or more. Floor areas devoted to non-tertiary activities (e.g. industry) related to tertiary activities shall be taken into account for the obligation.
  • All parts of a mixed-use building which host tertiary activities on a cumulative floor area of 1,000 m² or more
  • Any set of buildings situated on the same land unit or on the same site provided that those buildings host tertiary activities on a cumulative floor area of 1,000 m² or more.

FYI  

Those buildings, parts of buildings and sets of buildings subject to the obligation are also referred to as ‘ obliged functional entities (EFA) ».

The owners of the EFA and, if any, the takers are subject to these obligations for actions that fall under their respective responsibilities (for example indicated on the lease contract). They must jointly define the actions to comply with this obligation and individually implement the means corresponding to their responsibilities.

Exemptions

The owners and, if any, the takers the following buildings shall be exempted from the energy reduction obligation:

  • Constructions which gave rise to a precarious building permit
  • Buildings, parts of buildings or sets of buildings intended for worship (churches, etc.)
  • Buildings, parts of buildings or combinations of buildings in which an operational activity is carried out for defense, civil security or internal security purposes.

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Determination of objectives

All Subordinated Functional Entity (EFA) must achieve one of the following objectives :

  • Either, relative to a reference energy consumption dated between 2010 and 2019, a level of final energy consumption reduced by :
    • 40% by 2030
    • 50% by 2040
    • 60% by 2050.
  • Or a level of final energy consumption fixed in absolute value, based on the energy consumption of new buildings of their category. This level is set on the basis of specific reference usage intensity indicators for each category of activity adjusted according to the reference climatic conditions.

In order to be in compliance, a vessel must achieve at least one of the 2 objectives.

Please note

These objectives are automatically calculated by the OPERAT platform on which the energy consumption declarations must be made.

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Reference energy consumption

The reference energy consumption is the total energy consumption, detailed by type of energy consumed for the operating needs of the tertiary activities within theSubordinated Functional Entity (EFA) for the reference year.

The reference year must meet the following two conditions:

  • Either is included between 2010 and 2019, or corresponds to the first full year of operation whose energy consumption is reported on the OPERAT platform.
  • Includes 12 consecutive months. The start and end dates of the reference year must be specified on the OPERAT platform.

Please note

In the absence of a choice of reference year before 30 September 2027, the reference consumption shall be consumption of the first full year of operation whose energy consumption is reported on the OPERAT platform.

Detailed energy consumption data:

  • Must be provided from invoices or any other appropriate means of equivalent effect
  • Must be measured or allocated by allocation (for example: for a given consumption of a building, in proportion to the tertiary area subject to the obligations)
  • Shall be supplemented by the corresponding area, in particular if there has been a change in the area subject to the obligation between the reference year and the first reporting of annual energy consumption data.

For buildings new, the reference energy consumption based on the first full year of operation may be corrected at the end of the commissioning and adjustment phase of the technical systems of the building. This correction must be made within 3 years of the date of receipt of the vessel.

The reference energy consumption tertiary premises subject to the obligation to:

  • Is expressed in kWh/m²/year of energy consumption area
  • Is adjusted according to climatic variations by the OPERAT platform (according to the meteorological station of the most appropriate department chosen by the declarant or, failing that, by OPERAT)
  • Is rated Cref
  • Can be reconstructed for EFAs which include other activities not covered by the obligation in the tertiary sector and which do not benefit from energy consumption data differentiated between different premises. This reconstruction is based on the characterization of the existing situation and its comparison with historical activity data.

Please note

At the request of the administration (for example the prefect), the company subject to the obligation must be able to provide the proof of energy consumption in the reference year (invoices, etc.), within 3 months. This information may be provided by masking any contractual and pricing information contained therein.

In the event of partial occupancy of obliged functional entities (EFA), it is possible to reconstruct the reference energy consumption by application of the final energy consumption ratios, expressed in kWh/m², of the parts used to the parts not used. The explanatory elements of reconstitution must be filled in or imported on OPERAT.

Absolute value

The objective of the level of final energy consumption in absolute value is:

  • Determined automatically by the OPERAT platform, for each category of activity identified, and for all its energy uses
  • Expressed in kWh/m²/year of energy consumption area
  • Rated Cabs
  • Determined for 2030, 2040 and 2050.

Please note

This level of consumption expressed in absolute value Cabs is equal to the sum of two energy use components, respectively relating to:

  • The general thermal environment and ventilation of premises (“HVAC”)
  • Specific energy uses specific to the activity and other real estate uses such as the production of domestic hot water and lighting (“USE”).

Objectives in the event of a change in tertiary activity

In case of change in the nature of an activity tertiary in a Subordinated Functional Entity (EFA), the new final energy consumption targets to be taken into account for the application of the obligation are as follows:

  • The relative value target for the 2030, 2040 and 2050 horizons, based on the initial reference consumption level, to which the ratio of the absolute consumption levels set for the new activity to the previous activity is applied.
  • The objective in absolute value at the same time horizons, corresponding to the new activity.

Please note

These objectives are automatically calculated by the OPERAT platform on which the energy consumption declarations must be made. In order to be in compliance, a vessel must achieve at least one of the 2 objectives.

In the event of a new lease or acquisition, persons newly subject to the obligation may benefit from taking into account consumption in the reference year. They must declare their successor FAS(s), by entering the following information in OPERAT:

  • Identification number of these EFAs from the OPERAT platform, provided by their successors
  • Areas concerned for each successor EFA
  • The start date of the property.

Otherwise, the reference year may not be earlier than the date on which the change of the person subject to the obligation took place.

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The actions to achieve reduction targets shall include the following:

  • Energy performance of buildings
  • Installation of high-performance equipment and devices for the control and active management of such equipment
  • Operation of equipment
  • Adaptation of premises for energy-efficient use and occupant behavior.

Please note

These actions must not lead to an increase in the use of non-renewable energy or to an increase in greenhouse gas emissions. This applies in particular in the event of a change in the type of energy used (heat, electricity, etc.).

The following consumptions can be deducted from building consumption in achieving these objectives:

  • The fatal heat self-consumed by buildings subject to an obligation, coming from those buildings or from buildings not in the tertiary sector present on the same site
  • The energy consumption related to the recharging of any electric and plug-in hybrid vehicle.

The platform “ Mission Ecological Transition ” allows the company to discover the aid that can benefit it, particularly in the context of an energy renovation.

Platform Ecological transition of companies: know the aids and accompaniments to take action

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General conditions of modulation

These objectives can be modulated based on the following:

  • Technical, architectural or heritage constraints relating to the buildings concerned
  • Change in activity carried out in such buildings or from volume of this activity. For example: a change in the hourly amplitude of reception of the public can considerably modify the amount of energy expended by the building.
  • Clearly disproportionate costs actions in relation to the expected benefits in terms of final energy consumption. This must be justified on the basis of technical and financial arguments.

The modulation of the final energy consumption reduction targets for technical, architectural or heritage constraints can be implemented where certain actions may contribute to the achievement of the objective :

  • Either run a risk of pathology of the frame, affecting in particular the structures or the covered enclosure of the building
  • Either result in significant changes the condition of the external parts or the architectural and decorative elements of the construction, in contradiction with the rules and requirements laid down for:
    • Historic monuments classified or inscribed, remarkable heritage sites or approaches to historical monuments
    • Sites registered or classified
    • Constructions subject to regulations relating to their external appearance and to the conditions of alignment with the road and of minimum distance from the separation limit and the layout of their surroundings
    • Buildings, buildings or architectural complexes that have received the label “Remarkable contemporary architecture”.
  • Either are not compliant with all others easements relating in particular to the right to land, the right to property, the security of property and persons or the appearance of facades and their location.

The modulation final energy consumption reduction targets based on the volume of activity shall be implemented on the basis of the reference usage intensity indicators specific to each category of activities. She is automatically performed by OPERAT.

Justification of the modulations by a technical file

Content of the technical file

The modulation of final energy consumption reduction targets is subject to a technical file established under the responsibility of the owner or taker. It must provide the justification for these modulations.

Please note

Modulation based only on the activity volume do not require the constitution of a technical file and are established automatically by OPERAT.

The technical file is established in particular to justify the modulations of the energy consumption reduction targets, which cover all energy uses of buildings: heating, cooling, ventilation, lighting, domestic hot water and all other uses specific to the activity or activities concerned, as well as awareness-raising actions relating to energy-saving uses.

The technical file shall include the following documents:

  • Energy study on actions to improve the energy and environmental performance of the building resulting in reduced final energy consumption and corresponding greenhouse gas emissions.
  • Energy study on actions to reduce equipment consumption related to specific uses.
  • Identification of actions relating to the adaptation of premises for energy-efficient use and on the behavior of the occupants
  • Program of actions to achieve the objective, which is based on all existing action levers (energy performance of buildings, adaptation of premises to energy-efficient use, etc.).

The technical file may be supplemented, depending on the nature of the modulations to which it is subject, by:

  • For justifications of technical constraints, the specific technical note justifying the modulation of the objectives
  • For justifications of architectural or heritage constraints, the detailed opinion justifying the modulation of the objectives
  • In the event of a clear disproportion between the cost of the actions and the expected benefits in terms of final energy consumption, the calculation of the gross return on investment time of the action program to improve the energy performance of the building, justifying the modulation of the objectives.

FYI  

The main evidence of modulation objectives or non-achievement of objectives are summarized in a standardized table in CSV format whose content is available in an order (Annex IV). This file must be saved to OPERAT.

One technical file template is available in the same annex.

Energy studies

The 2 energy studies must be carried out by one or more service providers or staff with proven skills in the energy sector of the building, equipment and processes operated within the tertiary use space or premises concerned. They may include any of the following:

  • External service provider or internal staff competent to carry out an energy audit, in accordance with criteria defined in an order (annex)
  • Design office or a consulting engineer, in particular for the energy study on actions to reduce the consumption of equipment related to specific uses
  • Architect, especially for justifications for technical, architectural or heritage constraints.

The contents of the 2 energy studies are detailed in a Order (points II and III).

Identification of actions

THEidentification of actions relating to the adaptation of premises to energy-efficient use and the behavior of occupants includes:

  • A summary description of the reference configuration of the building and the layout of the premises, as well as the use of these premises
  • An identification of the possible arrangements of premises and workstations, changes in behavior, organization and technical adjustments that would contribute to energy-efficient use. It must also include an assessment of the potential energy gains on each of the energy consumption items concerned.
Program of actions

The action program has the objectives of:

  • Summarize for each main action levers, actions which have already been carried out and those which are scheduled with an indication of their expected completion date. They must all be mobilized in order for modulation to be granted.
  • Quantify the energy and greenhouse gas emissions gains already achieved from the actions already carried out and evaluate those expected from the actions still to be implemented
  • Identify for each planned action whether it is the responsibility of the owner and/or the taker.

Reminder

The main action levers The objectives of reducing energy consumption in tertiary buildings include the following:

  • Energy performance of buildings
  • Installation of high-performance equipment and devices for the control and active management of such equipment
  • Operating conditions of equipment
  • Adaptation of premises for energy-efficient use
  • Behavior of occupants.

Frequently Asked Questions (FAQs) and resources are made available by the OPERAT platform to support registrants.

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Agency for Ecological Transition (Ademe)

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Specificities of certain modulations

Some modulations are subject to specific rules:

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Technical, architectural or heritage reasons

The modulation of objectives according to technical, architectural or heritage constraints concerns actions:

  • Improving the energy and environmental efficiency of the building
  • Adaptation of the premises to an energy-efficient use in which the tertiary activities are housed.

Persons subject to the obligation must justify this modulation of objectives on the basis of the energy study on actions to improve the energy performance of the building, which is part of the technical file.

For the justifications of technical constraints, the persons subject to the obligation must rely on a technical note specific developed by a competent professional in the areas of energy performance improvement actions to be carried out. This competent professional can be: an architect, a qualified design office or any other technical reference, including internal.

For the justifications of architectural or heritage constraints, the persons subject to the obligation must seek detailed advice:

  • For the historical monuments classified, of a chief architect of historical monuments or an architect with a diploma of specialization and deepening in architecture mention "architecture and heritage" or any other recognized diploma of equivalent level
  • Of a architect, for listed historical monuments, buildings located on a remarkable heritage site or in the vicinity of historical monuments, buildings that have received the “Architectural Quality” label and buildings that are protected or subject to architectural prescription.

Volume of activity

The modulation of objectives according to the volume of activity is performed automatically by the OPERAT platform under the following conditions:

  • The person subject to the obligation shall provide information on the collection and monitoring platform on the values of the usage intensity indicators related to hosted activities. Their validation by the person subject to the obligation is a commitment to honor and the documents justifying these values are made available to the services of the State on simple request.
  • The platform OPERAT sets the new Cabs consumption level (objective in absolute value) modulated.
  • The platform OPERAT then proceeds automatically, at each declaration, to the modulation of the level of final energy consumption Crelat (objective in relative value), for each of the ten-year deadlines.

One consistency test Comparison between the usage intensity indicators of the reference consumption and the reference consumption Créf is carried out automatically by the OPERAT platform. In the event of a significant deviation of the Crelat modulated objective from these two comparative values, the administrative authority will be able to carry out a more thorough verification of the information collected on the platform.

The change in the value of the usage intensity indicators and the associated supporting documents are recorded on the collection and monitoring platform.

Clear disproportion of the cost of actions to the expected benefits

The obvious disproportion of the cost of energy consumption reduction actions, in order to achieve one of the objectives, in relation to the expected benefits in terms of final energy consumption, may be invoked only on the basis of a calculation.

This requires that the estimated time of gross return on investment of the overall cost of one of the equity levers improving the energy and environmental performance of buildings, net of perceptible financial aid, i.e. more than:

  • 30 years for renovation measures to improve energy and environmental efficiency buildings on their envelope (parts of the building that insulate against the weather and keep fresh air inside: roof, walls, including doors and windows, and waterproofing below ground level).
  • 15 years for the renovation of the building's energy equipment (excl. consumables: light bulbs and other spare parts for routine maintenance of equipment)
  • 10 years for the implementation of systems optimization and operation systems and equipment, for the management, regulation and optimization in operation of energy equipment

The calculation of the time of gross return on investment of each of the equity levers must be carried out independently of the commitment of the other equity levers.

When the obvious disproportion of the cost is established, an optimization of the distribution of the overall cost of the actions and energy gains must be sought between each of the 3 levers of actions (improvement of energy and environmental efficiency, renewal of energy equipment, system of optimization and operation of systems and equipment).

The objectives of reducing energy consumption can be modulated based on:

  • Of a technical and energy study which evaluates the difference between the level of the thermal scenario allowing the target consumption level Cabs to be reached.
  • Of a modulated thermal scenario to comply with the threshold values of the gross return on investment times defined for each of the action levers.

Please note

When the EFA are located on the same land unit or on the same site as non-tertiary activities, the person subject to the obligation may also supplement the evidence provided concerning the modulation for economic disproportion with results of reduction of overall energy consumption obtained at the site or land unit level. These results must be supported by tangible evidence.

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Declaration of modulations on OPERAT

The modulations must be declared on OPERAT at most 5 years after the first consumption rebound deadline of each decade. For example: by 30 September 2027 for the decade 2020, with the first deadline being 30 September 2022 for consumption in respect of the year 2020.

They can be updated at any time.

The main ones evidence of modulation of objectives are monitored on the collection and monitoring platform. At the request of the administrative authority (e.g. the prefecture), the person subject to the obligation must provide the modulation technical file of objectives within 15 days so that further verification of the evidence of modulation of the objectives is carried out.

Owners of buildings or parts of buildings and, if any, takers, shall transmit energy consumption annually of obliged functional entities (EFA) concerning them respectively.

This transmission must take place via the platform OPERATE from the Agency for Ecological Transition (ADEME):

Reporting and monitoring of energy consumption in buildings in the tertiary sector (OPERAT Platform)

For each EFA, the owner and, if any, the lessee shall declare on the platform the following:

  • Activities tertiary services carried out there
  • Surface of the EFAs
  • Annual energy consumption by type of energy, EFAs
  • If there is one, thereference year chosen (between 2010 and 2019) and the associated reference consumption, by energy type, with the corresponding supporting documents
  • For the companies concerned, the information of the usage intensity indicators relating to the hosted activities, making it possible to determine the final energy consumption target and, possibly, to modulate it
  • For the companies concerned, the modulations. The modulation which concerns the volume of the activity is carried out automatically by OPERAT on the basis of the usage intensity indicators specific to the activities concerned.
  • For the companies concerned, the accounting of consumptions of final energy related to the charging of electric or plug-in hybrid vehicles.

FYI  

Data for the previous year must be submitted annually no later than 30 September.

The owner or taker, may delegate the transmission of their energy consumption to a supplier or, subject to their technical capacity, to energy distribution system operators. The licensee may delegate this transmission of data to the owner.

The owners and the licensees shall communicate to each other the actual annual energy consumption of all the equipment and systems which they respectively operate.

Please note

Persons subject to the obligation may pooling results across all or part of their assets, by forming a “group of structures” in OPERAT, via the module “Pooling of results at the scale of a heritage”.

Persons subject to the obligation may also provide, by way of indication, on the OPERAT platform, the following information:

  • Contractual objectives of an Energy Performance Contract (EPC) or any other similar contract aimed at reducing energy consumption
  • Possible adjustments of energy consumption according to the climatic variations provided for in these contracts.

FYI  

OPERAT generates automatically, for each Subordinated Functional Entity (EFA) :

  • The modulation which relates to the volume of activityon the basis of the use intensity indicators specific to the activity concerned
  • The annual final energy consumption adjusted for climatic variations, by type of energy (electricity, gas, fuel oil, etc.)
  • One information on greenhouse gas emissions corresponding to the annual energy consumption, according to the different types of energy
  • One annual digital certificate based on final energy consumption and consumption targets. It is complemented by an "Eco-Energy Tertiary" rating system which describes the progress made in the process of reducing final energy consumption, in the light of the results obtained in relation to the objective expressed in absolute value.

The data are anonymised and their use and publication respect business secrecy.

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Verification of the fulfillment of energy consumption reduction obligations will be checked by 31 December 2031, 2041 and 2051, for all persons subject to the obligation. If the company is concerned, the technical file, which justifies the modulation of the objective, shall be kept at the disposal of the officials responsible for controls.

In order to verify compliance with these objectives, persons subject to the obligation may pooling results across all or part of their assets, by forming a ‘group of structures’ in OPERAT.

The assessment of compliance shall be carried out on the basis of last annual digital certificate.

This assessment is, however, optional up to 1er July 2026.

Reminder

The final energy consumption taken into account for the verification of compliance with the objectives are the climate-adjusted energy consumption. These adjustments are made automatically by the OPERAT platform.

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Final energy consumption and energy consumption targets of obliged functional entities (EFA) shall be published on the basis ofannual digital certificate generated by OPERAT.

The publication is carried out:

  • Either by display port, in a visible and easily accessible location on the company premises
  • Either by any other relevant means with regard to the tertiary activity, the personnel and possibly the public concerned, allowing easy access to information (for example by email).

This publication is supplemented by a assessment of greenhouse gas emissions corresponding to energy consumption data, expressed in kg of CO2 equivalent per m². These data are also calculated by OPERAT.

Please note

However, the obligation to publish the annual digital attestation is optional up to 1er July 2026.

Please note

The assessment of compliance with the energy reduction obligation should be annexed, on the basis of the last annual digital certificate generated by OPERAT, for information:

  • In case of sale, the promise or compromise of sale and, failing that, the authentic deed of sale
  • In case of rental, to the lease agreement.

Frequently Asked Questions (FAQs) and resources are made available by the OPERAT platform to support registrants.

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Agency for Ecological Transition (Ademe)

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There are differences in regulation if tertiary activities continue to be carried out in the obliged functional entities (EFA) or not.

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Tertiary activities continue to be pursued

Where tertiary activities initially subject to the obligation cease, the owners of the EFAs and, where applicable, the takers which continue to carry out tertiary activities remain subject to the obligation. This applies, including:

  • If the combined area hosting tertiary activities becomes less than 1 000 m²
  • If an additional tertiary activity is carried out in the building, part of the building or set of buildings.

At the time of cessation of activity, the person subject to the obligation must declare on OPERAT:

  • Energy consumption data for the current year up to the date of cessation of its activity
  • The effective date of the cessation of activity.

If the transmitted consumption data covers a period of 12 consecutive months, OPERAT generates an annual digital certificate. Otherwise, the partial consumption data shall be attached, for information purposes, to the last annual digital certificate drawn up.

All tertiary activities cease

At the time of cessation of activity, the person subject to the obligation must declare on OPERAT:

  • Energy consumption data for the current year up to the date of cessation of its activity
  • The effective date of the cessation of activity.

If the transmitted consumption data covers a period of 12 consecutive months, OPERAT generates an annual digital certificate. Otherwise, the partial consumption data shall be attached, for information purposes, to the last annual digital certificate drawn up.

Please note

The reference consumption is retained on OPERAT until the possible resumption of a tertiary activity.

Frequently Asked Questions (FAQs) and resources are made available by the OPERAT platform to support registrants.

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Agency for Ecological Transition (Ademe)

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Agency for Ecological Transition (Ademe)

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Lack of energy consumption declaration

The prefect may give formal notice the owner and, where applicable, the taker, to comply with its obligations within 3 months. This applies in the event of an unjustified absence of transmission on OPERAT, by the owner and, if it is concerned, by the lessee subject to the obligation to report information related to the reduction in consumption.

In the absence of transmission of data on OPERAT following formal notice, the person subject to the obligation is liable to sanctions.

Lack of achievement of objectives

In case of unjustified non-compliance of one of the objectives of reduction of consumption, the prefect may give notice to persons subject to the obligation to establish a action program respect their obligations and commit to respect it.

This action program, drawn up jointly by the owner and, if they are concerned, the takers, shall indicate the actions for which each of the Parties is responsible and shall include a projected timetable of realization and funding plan. It is submitted to the prefect for approval.

Who shall I contact

Failing transmission of the action program in a 6 months delay after his first formal notice, the prefect may give notice individually the owner and, if applicable, the lessee shall each establish their action program. It must be in accordance with their respective obligations. It must be transmitted within 3 months.

If the action program is not transmitted within the prescribed period, the document tracing the formal notices that have not been implemented will be published on a website of the State services (for example the prefecture). Each action program is submitted to the prefect for approval.

In the unjustified absence of filing an action program with the prefect following this second formal notice, the latter may pronounce a administrative fine at most equal to €1,500 for the natural persons and to €7,500 for the legal persons.

Please note

Where the person subject to the obligation does not comply with the action program, the prefect may engage a adversarial procedure at the end of which a finding of deficiency may be made.

The absence of the person subject to the obligation is pronounced by a reasoned order of the prefect which provides for its publication on a website of the services of the State (for example the prefecture). On this basis, the prefect may pronounce a administrative fine at most equal to €1,500 for natural persons and €7,500 for legal persons. That fine is proportionate to the gravity of the infringements found.

Frequently Asked Questions (FAQs) and resources are made available by the OPERAT platform to support registrants.

Frequently Asked Questions (FAQ) - OPERAT

Agency for Ecological Transition (Ademe)

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Documents necessary to understand the Eco Tertiary Energy System and OPERAT.

Agency for Ecological Transition (Ademe)

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