#ECOR2608355ADecree of 26 March 2026 on the Independence of Inspection Bodies in the Energy Savings Certificates Scheme
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
This decree modifies the previous order of 21 December 2025 to strengthen independence requirements for inspection bodies that perform on-site controls for Energy Savings Certificates (CEE) under the French Energy Code. It prohibits any direct or indirect control between the inspection body and the certificate applicant, their mandatory (if acting as an active and incentivizing agent under Article R. 221-22), or any company involved in the design, manufacture, installation, maintenance, or sale of the equipment or services being verified. It also bans situations where the inspection body and these parties are under common control by the same natural or legal person. Control is defined according to Articles L. 233-3 and L. 233-4 of the Commercial Code. Article 5 of the prior order is repealed. The new independence rules for on-site inspections enter into force on 1 May 2026, while other provisions apply from 1 April 2026.
AI-generated summary. May contain errors. Refer to official sources for legal decisions.
Key Changes
- Replaces II and III of Article 4 of the December 2025 order with stricter independence rules
- Prohibits direct or indirect control between inspection body and CEE certificate applicant
- Prohibits control between inspection body and the applicant's mandatory acting under Article R. 221-22
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Obligations
What this law requires
Inspection bodies must not have any direct or indirect control relationship with the Energy Savings Certificates (CEE) applicant for a given operation subject to on-site inspection.
Inspection bodies must not have any direct or indirect control relationship with the applicant's mandatory agent responsible for the active and incentivizing role under Article R. 221-22 of the French Energy Code.
Inspection bodies must not have any direct or indirect control relationship with any company involved in the design, manufacture, installation, maintenance, or sale of the equipment or services being inspected.
Inspection bodies must not be under common control (directly or indirectly) with the CEE applicant, their mandatory agent, or companies involved in design, manufacture, installation, maintenance, or sale of inspected equipment or services.
Control relationships must be assessed according to the definitions provided in Articles L. 233-3 and L. 233-4 of the French Commercial Code when evaluating inspection body independence.