Key Benefits:
Publics concerned: energy suppliers (electricity, gas, heat, cold, domestic fuel, LPG and motor vehicle fuels), territorial authorities or territorial community groups and their public institutions, National Habitat Agency, social donors, mixed economy companies engaged in the construction or management of social housing.
Purpose: Accreditation of Energy Savings Action Plans and the issuance of Energy Savings Certificates by the Minister responsible for Energy.
Entry into force: the text comes into force on 1 October 2011. Requests filed before that date outside the Ile-de-France region remain instructed by the department's prefect.
Notice: The energy saving certificate system is based on an obligation to achieve energy savings imposed on energy suppliers whose annual sales are above a threshold. These obligations include a financial penalty for energy suppliers that do not meet them within the time limit. Energy suppliers can fulfill their obligations by holding energy saving certificates, obtained under certain conditions as a result of energy saving actions or by purchasing from other actors that have carried out these actions. Since the beginning of the device, the instruction of the applications was taken over by department prefects, depending on the location of the applicant's head office. In order to adapt the system to the more ambitious objectives of the second period of energy savings bonds while maintaining its reliability and mastering its administrative burden, the decree provides for the entrusting of all the skills in the accreditation of energy saving action plans and the issuance of energy saving certificates to the Minister responsible for energy.
References: the texts amended by this decree are available, in their drafting, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Ecology, Sustainable Development, Transport and Housing and the Minister of Economy, Finance and Industry,
Vu le Civil codein particular its article 1;
Vu le Decree No. 97-34 of 15 January 1997 amended on the deconcentration of individual administrative decisions;
Vu le Decree No. 97-1194 of 19 December 1997 amended to apply to the Minister of Economy, Finance and Industry 1° of Article 2 of Decree No. 97-34 of 15 January 1997 the deconcentration of individual administrative decisions;
Vu le Decree No. 2006-604 of 23 May 2006 amended to maintain the national register of energy saving certificates;
Vu le Decree No. 2010-1663 of 29 December 2010 related to energy saving obligations within the framework of energy saving certificates;
Vu le Decree No. 2010-1664 of 29 December 2010 related to energy saving certificates;
Considering the opinion of the Higher Energy Council of 5 April 2011;
The State Council (Section of Administration) heard;
Given the emergency,
Decrete:
Decree No. 2010-1664 of 29 December 2010 referred to above is amended as follows:
1° In the first paragraph of Article 5 and in the first paragraph of Article 6, the words: "Prefect of department of the applicant's seat or, if the applicant does not have a head office in the national territory, to the prefect of Paris" are replaced by the words: "Minister responsible for Energy";
2° In the third and fourth paragraphs of section 5 and in the fourth paragraph of section 6, the word "prefect" is replaced by the words "Minister for Energy".
Article 3 of the above-mentioned Decree of 23 May 2006 is amended as follows:
1° In the second and third paragraphs of I, the words: Decree No. 2010-1664 are replaced by the words: " Decree No. 2010-1663 » ;
2° In the third paragraph of I, the words "above" are replaced by the words: "to the wordsArticle 1 of Decree No. 2010-1663 of 29 December 2010 » ;
3° In II, the word "prefect" is replaced by the words "Minister for Energy".
1° In B of title IIAnnex to the above-mentioned Decree of 19 December 1997before the following table:
| 1 | Setting energy saving obligations | Article 4 |
| 2 | Cancellation of energy saving certificates, retention, setting the amount of compensatory sampling | Article 8, paragraphs 2 and 3 |
| 1 | Accreditation of an energy saving action plan | Article 5 |
| 2 | Energy saving certificates issued | Article 6 |
This Decree comes into force on 1 October 2011.
However, outside the Ile-de-France region, the prefect of the applicant's headquarters department remains competent to decide on applications for the approval of an energy saving action plan or the issuance of energy saving certificates that were received before that date.
The Minister of Ecology, Sustainable Development, Transport and Housing, the Minister of Economy, Finance and Industry, the Minister of Budget, Public Accounts and State Reform, Spokesperson of the Government, and the Minister to the Minister of Economy, Finance and Industry, responsible for the industry, energy and the digital economy, are responsible, each with regard to the publication, for the official execution of the decree,
Done on 30 September 2011.
François Fillon
By the Prime Minister:
The Minister of Ecology,
Sustainable Development,
Transport and housing,
Nathalie Kosciusko-Morizet
Minister of Economy,
finance and industry,
François Baroin
Minister of Budget, Public Accounts
and state reform,
Government spokesperson,
Valérie Pécresse
Minister to the Minister of Economy,
finance and industry,
responsible for the industry,
energy and the digital economy,
Eric Besson
