Energy Directive 2023/1791 of September 20, 2023, and its transposition into French law

What are the applicable texts in France in the context of the revision of the Energy Efficiency Directive of September 20, 2023?

To date, these are:

• Article 25 of the law transposing the Energy Efficiency Directive 2023/1791 into French law via the DDADUE Act No. 2025-391 of April 30, 2025 ;
• the decree of July 10, 2025 relating to the procedures for carrying out the energy audit in companies and the procedures for recognizing the competence of energy auditors.

Provisions relating to companies

What are the new criteria for being subject to an energy audit?

Legal entities registered in the trade and companies register, as well as legal entities governed by private law, must carry out an energy audit of their activities in France every four years if their average annual final energy consumption is greater than or equal to 2.75 GWh and they have not implemented an energy management system.

What is an energy audit?

An energy audit is a methodical examination and analysis of the energy use and consumption of a site, building, system, or organization, with the aim of identifying energy flows and potential for improving energy efficiency and reporting on them. The methodology for conducting energy audits is standardized and described in the standards. NF EN 16247 following:

• NF EN 16247-1 : Energy audit – General requirements
• NF EN 16247-2 : Building energy audit
• NF EN 16247-3 : Process energy audit
• NF EN 16247-4 : Transportation energy audit
• NF EN 16247-5 : Competencies of energy auditors

What are the criteria for requiring certification of an energy management system?

Legal entities registered in the trade and companies register, as well as legal entities governed by private law, must implement a energy management system , in accordance with ISO 50001:2018/Amd.1:2024 (or any other equivalent standard) and have it certified when their average annual final energy consumption is greater than or equal to 23.6 GWh.

What is an energy management system?

An energy management system is a standardized process (see ISO 50001:2018/Amd.1:2024 standard ) which enables the establishment of an energy policy, objectives, energy targets, and action plans with a view to continuously improving energy performance.

As part of the implementation of an energy management system, the organization must conduct an energy review to analyze its energy efficiency, energy use, and energy consumption, in order to identify significant energy uses and opportunities for improving energy performance.

Under the Energy Efficiency Directive, the regulated entity must certify  its energy management system by an accredited certification body.

On what basis is the average annual final energy consumption established?

The average annual final energy consumption corresponds to the average of the final annual consumption for the previous three calendar years. Final energy consumption includes energy consumption related to all activities of the company concerned, including consumption of renewable energy produced and consumed on site.

What is the scope of these obligations for a company that is subject to them?

The energy audit, or energy management system, must cover at least 80% of the company's final energy consumption.

What are the obligations in terms of publishing the energy audit or energy management system?

Legal entities subject to these obligations shall transmit information relating to the implementation of their obligations to the administrative authority electronically within two months of:

• either certification of their system energy management ;
• either the completion of the energy audit .

The data transmitted by these persons remains their property and is covered by legally protected confidentiality. It is used by the administrative authority for statistical purposes. Furthermore, legal entities subject to these obligations must declare their annual final energy consumption if it exceeds 2.75 GWh/year.

What should the regulatory energy audit contain?

The energy audit must meet the requirements of the NF EN 16247 family of standards, depending on the type of audit (buildings, processes, or transportation). The audit must also assess opportunities for using renewable energy (RE) and recovery according to their level of cost-effectiveness. Energy-saving measures and measures involving the use of RE must be classified according to four categories of return on investment (ROI):

• ≤ 1 year;
• 1 year and ≤ 3 years;
• > 3 years and ≤ 5 years;
• Five years.

With regard to energy audits relating to industrial processes, the audit level shall meet at least level 2 of Annex B of the NF EN 16247-1:2022 standard , namely the consideration of all energy uses representing more than 10% of the energy consumption of each audited site. A minimum of three uses is retained in all cases. In addition, consumption associated with uses not taken into account is justified.

What are the obligations for implementing energy efficiency improvement measures?

Legal entities subject to these obligations shall draw up an action plan based on the recommendations arising from the energy audit or on the energy management system. This action plan shall list the measures to be implemented in order to comply with each recommendation of the audit where this is technically or economically feasible.

The failure to implement a measure with a return on investment of less than five years is justified in the action plan. The approved action plan is published in the company's annual report, which specifies the rate of implementation of the measures in the plan. This information is made available to the public, in accordance with legally protected confidentiality requirements.

Who can perform an energy audit?

The energy audit can be carried out by an internal or external auditor who conducts the exercise in accordance with the requirements of NF EN 16247 standards. Internal energy audit staff are recognized as competent to carry out the company's energy audit if:

• the responsibilities of energy audit personnel are well established;
• the energy audit staff has the appropriate skills to understand and apply the energy audit requirements in accordance with the methodology of the standards NF EN 16247:2022 ;
• the energy audit staff has already implemented or is proficient in energy measurement and monitoring plans in accordance with standard NF EN 17267 or an equivalent methodology, in the case of a process energy audit;
• One or more technical advisors are appointed for the production and validation of the audit report, with a minimum level of experience in energy management in the relevant field (buildings, processes, or transportation) of:
• 2 years for a diploma or qualification at levels 7 and 8;
• 3 years for a diploma or qualification at levels 5 and 6;
• 5 years for a diploma or qualification at levels 1 to 4.

An external service provider is recognized as competent to perform an energy audit if they hold a certification  in each of the areas in which it conducts energy audits (buildings, processes, or transportation), in accordance with the decree of July 10, 2025. The energy audit report must indicate the certificate number and include a copy of the external service provider's certificate.

What are the obligations relating to the body that performs the certification audit of the energy management system?

The energy management system must be certified by a certification body accredited by COFRAC (French Accreditation Committee) or by another national accreditation body covered by Regulation (EC) No. 765/2008 of the European Parliament and of the Council of July 9, 2008, setting out the requirements for accreditation.

What exemptions are possible with regard to the implementation of a certified energy management system?

As mentioned in Decree No. 2025-1382 of December 29, 2025, the exemptions provided for in the Energy Efficiency Directive are as follows:

• the existence of an energy performance contract (EPC) covering the scope of the obligation;
• the implementation of a environmental management system (according to ISO 14001:2015 or any other equivalent standard) certified by an accredited body and associated with the performance of an energy audit covering the scope of the obligation.

These exemptions will be specified by decree.

What exemptions are possible with regard to conducting an energy audit?

As mentioned in Decree No. 2025-1382 of December 29, 2025, the exemptions provided for in the Energy Efficiency Directive are as follows:

• the existence of an energy performance contract (EPC) covering the scope of the obligation;
• the implementation of an energy management system in accordance with ISO 50001:2018/Amd.1:2024 standard or any other equivalent standard.

These exemptions will be specified by decree.

When do these obligations come into effect in France?

These new eligibility criteria will apply from October 1, 2025. The first energy audit must take place no later than October 11, 2026, and the certified energy management system must be in place by October 11, 2027. Newly eligible entities will have to comply with these obligations within one year of the last three calendar years during which their average final energy consumption exceeded one of the thresholds mentioned above, after the deadlines of October 11, 2026, or October 11, 2027.

Provisions relating to public bodies

Which public bodies are subject to this?

The State, State operators, local governments and their groupings, or public or private entities that meet all of the following criteria:

• they have been or are being established to meet specific needs of general interest that are not industrial or commercial in nature;
• they are mainly and directly funded by the State, local authorities, or their groupings;
• more than half of the members of their administrative, management, or supervisory body are appointed by at least one of the entities mentioned above (the State, State operators, local authorities, and their groupings), excluding State operators.

What are the objectives for reducing energy consumption in public bodies?

The cumulative final energy consumption of public bodies must decrease by at least 1.9% per year compared to 2021. This reduction applies to the final energy directly consumed by these public bodies from October 1, 2025, with the exception of:

• until December 31, 2029, of that consumed by local authorities with fewer than 5,000 inhabitants, by their groupings with fewer than 5,000 inhabitants, and by their public institutions.
• 26, of that consumed by local authorities with fewer than 50,000 inhabitants, by their groupings with fewer than 50,000 inhabitants, and by their public institutions;

Which public bodies are exempt from this obligation to reduce energy consumption?

Public transportation and the armed forces are exempt from this requirement.

What are the objectives for renovating public buildings?

Each year, at least 3% of the total floor space of buildings owned by public bodies is renovated in order to reduce their energy consumption and greenhouse gas emissions. This objective can also be considered to have been achieved if public bodies reduce their energy consumption each year, plan renovations to their buildings, and carry them out.

Which public bodies are exempt from this annual renovation requirement?

• housing that is subject to an agreement concluded pursuant to Article L. 831-1 of the Construction and Housing Code and that belongs to low-rent housing organizations as defined in Article L. 411-2 of the same code;
• housing owned by the approved organizations referred to in paragraph 1 of Article L. 365-1 of the said code or by the approved semi-public companies referred to in Article L. 481-1 of the same code;
• non-subsidized social housing provided by low-rent housing organizations referred to in Article L. 442-1 of the same code.

You can also consult our FAQ on the tertiary decree .

What are the requirements for publishing data relating to public buildings?

Public bodies must submit data on the annual renovations of their buildings every two years. A decree will specify the terms and conditions for implementing this obligation. Bodies must also submit data on the energy performance of their buildings every two years. A decree will specify the terms and conditions for implementing this obligation. It should be noted that the armed forces and government agencies involved in national defense are not subject to this obligation.

Provisions relating to data centers

What does the regulation mean by "data center"?

A data center is defined as a structure or group of structures used to house, connect, and operate computer systems or servers and related equipment for the storage, processing, or distribution of data, as well as for related activities.

Which data centers are affected by these obligations?

All data centers: those hosted by companies, banks, or research centers, with the exception of operators mentioned in Articles L. 1332-1 or L. 1332-2 of the Defense Code and those used by the armed forces or civil protection agencies or that provide their services exclusively for defense or civil protection purposes.

What are the data reporting obligations?

Data centers with an installed power capacity of 500 kW or more in their server rooms and IT operations centers must submit administrative, environmental, and energy information relating to their operations to the digital platform provided by the European Commission by May 15 of each year at the latest. They must also make this information available to the public by the same date at the latest. This power threshold is assessed at the level of the data center's SIRET number.

What are the specific obligations for data centers larger than 1 MW?

Data centers with an installed capacity greater than or equal to 1 MW recover the waste heat they produce. This power threshold is assessed at the level of the data center's SIRET number.

What are the penalties for non-compliance with regulations for data centers?

• A formal notice to the data center to comply with its obligations within a period determined by the authority, which may not exceed one year. The authority may make this formal notice public;
• In the event of non-compliance by the data center within the period specified in the formal notice, an administrative fine not exceeding €50,000 per data center concerned;
• The possibility for the administrative authority to publish the act imposing these sanctions on the website of the State services, for a period of between two months and five years.

A decree by the Council of State will specify this obligation.