Key Benefits:
The National Assembly and the Senate adopted,
Given the Constitutional Council Decision No. 2005-516 DC of 7 July 2005 ;
The President of the Republic promulgates the following law:
Energy policy is based on a public energy service that guarantees The strategic independence of the nation and its economic competitiveness. Its conduct requires the maintenance and development of national and local government enterprises in the energy sector.
This policy aims to:
-contributing to national energy independence and ensuring security of supply;
-ensuring a competitive energy price;
-preserving human health and the environment, in particular by combating the aggravation The greenhouse effect;
-ensuring social and territorial cohesion by ensuring access for all to energy.
The State ensures the coherence of its action with that of the territorial and the European Union according to the guidelines Shown in the attached report.
In order to achieve the objectives set out in Article 1, the State shall ensure:
-control energy demand;
-diversify energy supply sources;
-develop energy research;
-provide energy transport and storage Needs.
In addition, the state promotes the reduction of the health and environmental impact of energy consumption and limits, on the occasion of the production or consumption of energy, pollution on media related to extraction And the use of fuels as well as liquid or gaseous releases, in Emissions of greenhouse gases, dust or aerosols. To this end, the State shall gradually strengthen air quality monitoring in urban areas and, in parallel with the development of technologies, the standards for pollutant releases and transport conditions for fuels Fossils. Its action also aims to limit:
-noise, especially in transport;
-disturbances caused by hydroelectric projects on rivers;
-the landscaping impact of wind turbines and power lines;
-the The consequences of radioactive waste and the accumulation of radioactive waste.
The fight against climate change is a priority of energy policy, which aims to reduce greenhouse gas emissions by an average of 3 % per year From France. Consequently, the State shall draw up a " Climate plan ", updated every two years, presenting all the national actions taken to combat climate change.
In addition, this fight to be carried out by all states, France supports the Definition of a division objective by two of the world's greenhouse gas emissions by 2050, which requires, taking into account the differences in consumption among countries, a division by four or five of these emissions for countries Developed.
To ensure a competitive energy price, energy policy works To reinforce the benefit to France of benefiting, thanks to its technological choices, in particular for nuclear electricity, of one of the cheapest electricties in Europe. This policy ensures that the competitiveness of the industry is maintained and, in particular, companies whose profitability is highly dependent on the cost of electricity. The choice of the energy mix, the financing arrangements for electricity utility missions and energy control policies as well as the regulatory mechanisms contribute to this objective.
To ensure cohesion Social and territorial, the right of access to energy, and in particular electricity, in conditions independent of the place of consumption, which is an element of national solidarity, must be preserved. Since energy, in particular electricity, is a prime necessity, the State guarantees access to the most deprived persons by the existence of a social tariff and maintains solidarity mechanisms which ensure access to households in the first place. Great difficulty.
Finally, in the field of energy, the State ensures the permanent research, through consultation procedures, of the widest possible consensus taking into account the necessary conciliation between respect for the interests of the Premises and the general interest requirements.
The first axis of energy policy is to control energy demand in order to increase the annual rate of decrease in final energy intensity to 2 % By 2015 and 2.5 % by 2030.
To this end, the state mobilises all the instruments of public policy:
-the regulation, both French and Community, relating to energy efficiency evolves in all sectors concerned as close as possible to technological capabilities and prevents waste of energy;
-taxation on the Energy consumption and energy equipment promotes energy saving and better protection of the environment;
-public awareness and education of the French are encouraged by the implementation of Sustainable information campaigns and the inclusion of energy issues in School curricula;
-consumer information is reinforced;
-waste regulations promote the development of recycling and selective sorting channels for their energy recovery;
Voluntary commitments by the professions most concerned and the use of market instruments are promoted.
In addition, the state, its public establishments and national public enterprises implement exemplary action plans Both in the management of their real estate parks and in their Vehicle purchasing policies.
The directions contained in the attached report specify the implementation of the energy demand control policy.
The second axis of energy policy is to diversify the energy mix of France.
This diversification aims, in particular, to meet 10 % of our energy needs from sources by 2010
It concerns, in the first place, electricity.
The State seeks to maintain, in French electricity production, a significant proportion of nuclear-origin production that contributes to security of supply, to Energy independence, competitiveness and the fight against The greenhouse effect and the radiation of an industrial sector of excellence, even if, in the future, it is based, alongside nuclear power, on the production of electricity on a growing share of renewable energies and, in response to the Consumption, on the maintenance of the power generation potential and on thermal power plants.
The state therefore sets three priorities.
The first is to maintain the nuclear option open to 2020 by having, by 2015, a Operational next-generation nuclear reactor to opt for Replacing the current generation
The second priority for energy diversification in the electricity sector is to ensure the development of renewable energy.
This development must take into account the The specificity of the French electricity production park, which makes very little use of fossil fuels, so that the development of electric renewable energies is less prevalent in our country than in some of our neighbours, and, of other The specificity and maturity of each stream.
In Despite the current intermittent nature of certain sectors, electric renewable energy contributes to security of supply and helps to combat the greenhouse effect. It is therefore appropriate to achieve the indicative target for an internal renewable electricity production of 21 % of total domestic electricity consumption by 2010. A target for 2020 will be defined by 2010, depending on the development of these energies.
The third priority for energy diversification in the electricity sector is to guarantee security of supply for France in The field of oil, gas and coal for the production of semi-basic and advanced electricity.
The diversification of our energy mix concerns, in the second place, direct production of heat
Thermal substituents in very large part for fossil fuels and Thus significantly reducing greenhouse gas emissions, their development is a key priority and must enable, by 2010, a 50 % increase in the production of heat of renewable
. Diversification of our energy mix concerns, in the third place, the transport sector, which must be radically reoriented, as it is the main source of emissions of greenhouse gases and pollution from Air.
Given their specific interest, particularly in the fight against The greenhouse effect, the state supports the development of biofuels and encourages the improvement of the competitiveness of the sector. To this end, the State shall create, in particular by the approval of new production capacities, the conditions for carrying, in accordance with our European commitments, 2 % as at 31 December 2005 and 5.75 % as at 31 December 2010 on the part of biofuels and Other renewable fuels in the energy content of the total quantity of petrol and diesel sold on the national market for transport purposes.
In addition, the State supports the use of hybrid or electric vehicles And research on the use of fuel cells and hydrogen.
Energy diversification must also take into account the specific situation of non-interconnected areas which benefit from national solidarity through tariff equalization, financed by the burden-setting mechanism
Finally, the state ensures security of supply in sectors where the use of fossil fuels is predominant, in particular by promoting the variety and sustainability of supply sources Employed for the same energy, in particular through the use of long-term contracts The
set out in the attached report specify the implementation of the policy of diversification of the French energy mix.
The third axis of energy policy is to develop research in the energy sector.
As a result, the state focuses on To intensify the French public and private research effort in the field of energy, to ensure better articulation of the action of public research bodies and to organise greater involvement of the private sector. In addition, it supports the European research effort in the field of energy in order to at least match that led by the United States and Japan.
Research policy must enable France by 2015 to retain its A leading position in the field of nuclear energy and oil and, on the other hand, to acquire one in new areas by pursuing the following objectives:
-the integration of French research efforts into community energy research programs;
-increasing energy efficiency in the transportation, building and industry sectors; and Improving transport and energy distribution infrastructures;
-increasing the competitiveness of renewable energies, in particular fuels from biomass, photovoltaics, offshore wind, solar thermal And geothermal power;
-support for the national nuclear industry For the development and refinement of the third generation EPR reactor and the development of innovative nuclear fuels;
-the development of nuclear reactor technologies of the future (fission or fusion), in In particular with the support of the ITER programme, and also the technologies needed for the sustainable management of nuclear waste;
-the exploitation of the potential of new rupture vectors such as hydrogen, for which to be put to the Point or improved, on the one hand, production processes such as electrolysis, the Reforming hydrocarbons, gasification of biomass, photo-electrochemical decomposition of water or physicochemical cycles using heat from new high-temperature nuclear reactors, and Storage, transportation and use technologies, including fuel cells, engines and turbines;
-deepening energy storage research to limit intermittency inconveniences Renewable energies and optimise the operation of the sector
To bring together the expertise, coordinate efforts and promote hydrogen and hydrogen compounds research, it is entrusted to the Ministry of Energy, with the assistance of the French Petroleum Institute, The Office of the Atomic Energy Commission and the National Centre for Scientific Research in particular, a specific mission on this subject, leading to the publication of an annual report.
The global research effort on the development of Renewable energy and energy control are greatly increased in the Three years after the publication of this Law.
The fourth axis of energy policy is to provide means of transport and Energy storage adapted to the needs.
In terms of energy transport and distribution, it is important to:
-to develop the transmission and distribution networks of electricity and natural gas in order to contribute to the balanced development of the territory and guarantee the security of supply for each French region;
-to strengthen the Electricity interconnections with neighbouring European countries without providing any European country with a minimum production capacity;
-to facilitate the making of the necessary investments to the Construction of gas pipelines between producing and consuming countries, in In particular by preserving the use of long-term contracts;
-to develop the liquefied natural gas sector;
-to make the transport of petroleum products by sea safer by strengthening European legislation and International;
-to maintain a balanced coverage of the entire territory by the fuel retail network.
The State also ensures the development and proper use of gas storage, as well as the Maintenance of a stock level to maintain security of supply in the event of a Exceptional climatic events.
In the oil field, the state ensures the maintenance of an efficient refining tool and the existence of stocks equivalent to close to one hundred days of domestic consumption.
After Article 3 of Law No. 82-1153 of 30 December 1982 on the orientation of inland transport, an Article 3-1 reads as follows:
" Article 3-1. -In order to integrate the need to reduce the consumption of hydrocarbons related to freight transport and to combat the emission of greenhouse gases, the State gives priority to infrastructure for this type of transport. Railway and inland waterway investment and the development of cabotage, while taking into account the imperatives of economic development and spatial
. In order to integrate the need to reduce the consumption of hydrocarbons in the field of passenger transport and to combat the emission of greenhouse gases, the State gives priority to infrastructure for this type of transport Public transport in urban areas and railway investment in relation to the development of road or airport projects, while taking into account the imperatives of economic development and spatial planning. "
I. -The taxation of energy takes account of the impact of their use on the competitiveness of the economy, public health, the environment and security of supply and aims, in the light of these objectives, to ensure balanced treatment between them.
It also takes into account the need to make renewable energies competitive in order to promote their development.
II. Article 25 of Act No. 96-1236 of 30 December 1996 on air and the rational use of energy is repealed.
In the next multiannual programme of investments provided for in Article 2 of Act No. 2000-108 of 10 February 2000 on the modernisation and development of the public electricity service, the state provides for the construction of a Most recent demonstrator nuclear reactor.
I. -The energy minister and the minister responsible for research stop and make public a national strategy for energy research. Defined for a period of five years, this strategy, based on the objectives set out in Article 5, specifies the priority themes for research in the energy field and organises the link between public and private research. The Parliamentary Assessment Office evaluates this strategy and its implementation.
II. -The Government shall forward to Parliament an annual report on technological advances resulting from research on the development of renewable energies and energy control and which promote their industrial development. It presents the findings of this report to the Parliamentary Assessment Office for Scientific and Technological Choices.
The Minister for Cooperation and the Minister for Energy put in place a plan " Energy for Development " Which mobilizes and coordinates the means necessary to extend access to energy services for people in developing countries. This plan focuses on energy control and local renewable energy. The Government shall report every three years to the Parliamentary Assessment Office on the scientific and technological choices of the state of the plan.
The minister responsible for energy and the minister responsible for housing put in place a plan " South Face " Which ensures the promotion and diffusion of renewable energies in the building, to strengthen the natural thermal and electrical inputs.
This plan ensures the mobilization of the means necessary to achieve an objective of installation of 200 000 solar water heaters and 50 000 solar roofs per year in 2010.
The annual energy balance published by the Ministry of Energy reports on the progress of the plan.
Energy Minister and Minister for Agriculture put in place a plan " Earth-Energy Mobilising the necessary means to achieve an objective of an economy of imports of at least 10 million tonnes of oil equivalent in 2010, thanks to the contribution of biomass for the production of heat and fuel
This plan promotes the production, promotion and diffusion of biofuels in transport.
The annual energy balance published by the Ministry of Energy reports on the progress of this plan
Any person referred to in Article 14 or any other legal person whose action, additional to his usual activity, allows the realization of energy savings of a volume above a fixed threshold By order of the Minister responsible for energy, On its request, in return, for energy savings certificates issued by the State or, on its behalf, by an agency authorised for that purpose by the Minister responsible for energy. This threshold can be reached by legal persons regrouping and designating one of them or a third party which obtains, for its account, the corresponding energy savings certificates.
The installation of equipment enabling the Replacing a non-renewable energy source with a renewable energy source for the production of heat in a building gives rise to the issuance of energy savings certificates according to specific calculation
. Certificates of energy savings are negotiable movable property, of which The unit of account is the kilowatt hour of final energy saved. They may be detained, acquired or ceded by any person referred to in Article 14 or by any other legal entity. The number of units of account depends on the characteristics of the goods, equipment, processes or processes used to achieve the energy savings and the state of their markets. It can be weighted according to the energy situation of the geographical area in which the savings are made.
Energy savings in the classified facilities referred to in Article L. 229-5 of the Environment Code or those Which result exclusively from the substitution of fossil fuels or compliance with existing regulations do not give rise to certificates of energy savings.
The first certificates shall be issued within a time limit Maximum of one year from the date of publication of this
. Council of State shall specify, in addition to the conditions of application of this Article, the criteria for the additionality of the shares and the term of validity of energy savings certificates, which may not be less than five years.
Energy savings certificates are exclusively materialised by their inclusion in the national register of energy savings certificates, accessible to the public and To keep the accounts of certificates obtained, acquired or returned to the State. Any person referred to in Article 14 or any other legal person may open an account in the national register.
The holding of the national register may be delegated to a legal person designated by the State
Transactions relating to energy savings certificates, the State or, where appropriate, the legal person referred to in the second subparagraph shall make public the average price at which those certificates have been acquired or sold.
The State shall publish every three years from The publication of this Law, a report analysing the functioning of the A
of the Council of State shall lay down the conditions for the application of this Article, in particular the tasks of the delegate, the Conditions of remuneration and arrangements for the recording of the various transactions relating to certificates on the national register.
I. Article 441-6 and 441-10 of the Penal Code.
An attempt to commit the offence provided for in the preceding paragraph shall be punished with the penalty of an energy savings certificate. The same penalties.
Legal persons may be held criminally liable, under the conditions laid down in Article 121 (2) of the Criminal Code, of the offence defined in this I.
The penalties incurred by legal persons are those Section 441-12 of the Criminal
. -Officials and servants of the state services responsible for the industry referred to in Article L. 226-2 of the Environment Code shall be entitled to seek and establish the infringement laid down in this Article under I Under Articles L. 226-3 and L. 226-5 of the same code.
The act of impeding the exercise of the functions entrusted by the preceding paragraph to officials and agents shall be punishable by six months' imprisonment and a fine of 7 500
. Legal persons may be declared criminally liable under the conditions laid down In Article 121-2 of the Criminal Code, of the offence defined in the preceding paragraph. The penalties incurred by legal persons are those provided for in II and III of Article L. 226-10 of the Environment Code
In the first sentence of Article 164 of Law No. 2004-809 of 13 August 2004 on freedoms and responsibilities Local, words: " One year " Are replaced by the words: " Two years ".
I. -After the fourth paragraph of Article L. 2224-31 of the General Code of Local and Regional Authorities, a paragraph shall be inserted as follows: '
' The organising authority for a public electricity and gas distribution network may carry out conciliation missions for the settlement of disputes relating to the supply of energy of last resort, referred to in Article 15 of Law No. 2000-108 of 10 February 2000 and in Article 16 of Act No. 2003-8 of 3 January 2003, which would be submitted to it by eligible consumers connected to its network or suppliers. "
II. -In the fifth paragraph of Article 15 of Act No. 2004-803 of 9 August 2004 on the public service of electricity and gas and electricity and gas undertakings, the reference: In the fifth paragraph " Is replaced by the reference: " In the sixth paragraph ".
I. -Article L. 2224-31 of the general code of the territorial authorities is thus amended:
1 ° The sixth paragraph of the I is supplemented by a sentence so worded:
" It may also provide financial aid for the conduct of operations to control the demand for electricity or for the production of electricity by renewable energies, the control of which is guaranteed under the conditions laid down in the The preceding paragraph, where they allow the avoidance of extensions or reinforcement of networks, as well as, in areas not connected to the continental metropolitan network, for the production of the proximity production facilities Referred to in Article L. 2224-33." ;
2 ° The penultimate paragraph of II shall be supplemented by the words: " Or network energies " ;
3 ° III is thus written:
" III. -Municipalities, their public institutions of inter-communal cooperation or their joint trade unions which do not have a public natural gas distribution network or whose service works are not in progress Grant the public gas distribution to any undertaking authorised for that purpose by the Minister responsible for energy, in accordance with the conditions laid down in Article 25 (1) of Act No. 2003-8 of 3 January 2003. These municipalities and institutions may create a governance approved by the Minister responsible for energy, use such an existing facility or participate in an existing mixed economy. "
II. -Article L. 2224-34 of the same code is thus amended:
1 ° The first paragraph reads as follows:
" In order to meet the objectives set out in Title I of Act No. 2000-108 of 10 February 2000 and the objectives set out in Title III of Act No. 2003-8 of 3 January 2003, the territorial authorities, the public institutions of Inter-municipal cooperation or joint trade unions in the field of public distribution of network energies may, in a non-discriminatory manner, carry out actions to control the demand for the energy network of consumers In the context of the provisions of Article L. 2224-31 of the Actions tending to control the demand for the network energy of consumers served in low voltage for electricity or gas, where such actions are such as to avoid or postpone, in good economic conditions, the extension or Strengthening of public networks for the distribution of network energies falling within their competence. These actions may also aim at mastering the demand for the network energies of people in precarious situations." ;
2 ° In the second paragraph, the words: " Electricity " Are replaced by the words: " Of network energies " ;
3 ° The last paragraph reads:
" Actions to control the demand for network energies may give rise to certificates of energy savings to the territorial authorities or their groups concerned, under the conditions laid down in Articles 15 and 16 of the Act N ° 2005-781 of 13 July 2005 of a programme setting out guidelines for energy policy. "
III. -In the last sentence of the last paragraph of Article 23a of Law No. 46-628 of 8 April 1946 on the nationalisation of electricity and gas, before the words: Of electricity or gas " shall be inserted as follows: Network energies, in particular ".
1 ° du II of Article L. 5214-16 of the General Code of Territorial Communities Is supplemented by the words: " And support for actions to control energy demand ".
After paragraph 4 (c) of the 6 ° of I of Article L. 5215-20 of the same code, it is inserted a d so written:
" (d) Support for energy demand control measures. "
In the fifth paragraph (4 °) of II of Article L. 5216-5 of the Code, after the words:" Against noise, ' shall be inserted as follows: ' Support for energy demand control actions, ".
I. -The first sentence of the first paragraph of Article L. 2224-32 of the same code is thus amended:
1 ° The words: " The power to " Are replaced by the words: " Be sold to " ;
2 ° The words: " Develop and operate " Are replaced by the words: " Develop, operate, develop and operate ".
II. -The last paragraph of the same article is supplemented by the following sentence:
" At the end of the contract of obligation to purchase, they can sell the electricity produced to eligible customers and electricity suppliers. "
Public interest groups may be made up of persons of public or private law for To carry out, for a fixed period of time, activities in the field of energy control or the promotion of renewable energies, as well as to create or manage common equipment, personnel or services necessary for these Activities.
The provisions of Articles L. 341-1 to L. 341-4 of the Code of Articles L. 351-1 to L. 355-1 of the same Code shall apply to such public interest groups. The director of each of these groups shall be appointed after the opinion of the Minister responsible for energy
The title of Section 4 of Chapter I of Title I of Book I of the Construction and Housing Code is supplemented by the words: " And energy performance ".
I. -Articles L. 111-9 and L. 111-10 of the code of construction and housing are thus
: Art. L. 111-9. -An Order in Council of State determines:
" -thermal characteristics and energy performance of new constructions, according to the categories of buildings considered;
" -the categories of buildings which are the subject of a technical and economic feasibility study prior to construction. This study evaluates or envisions necessarily for certain categories of buildings the various energy supply solutions of the new construction, including those involving renewable energies, to the combined production of Heat and energy, to district or collective heating or cooling systems if they exist, to efficient heat pumps in terms of energy efficiency or to gas condensing boilers, without prejudice to the decisions of the authorities Competent for public energy distribution services;
" -the content and manner of conducting this study.
" Art. L. 111-10. -An Order in Council of State determines:
" -the thermal characteristics and energy performance of the buildings or parts of existing buildings which are the subject of work, according to the categories of buildings, the type of work envisaged and the relationship between the cost of these Work and building value beyond which these provisions apply;
" -the categories of buildings or parts of existing buildings which are the subject of a technical and economic feasibility study before the start of the work. This study evaluates the various energy supply solutions, including those using renewable energies;
" -the content and manner of carrying out this study;
" -the thermal characteristics of new equipment, works or installations in existing buildings, according to the categories of buildings considered;
" -the categories of equipment, works or installations referred to in the preceding paragraph
Measures to improve the thermal characteristics and energy performance of existing buildings, as well as their impact on rents, rental charges and construction costs, are assessed within five years. Count of the publication of Law n ° 2005-781 of 13 July 2005 of a programme setting out the guidelines for energy policy. "
II. -After Article L. 111-10 of the same Code, Article L. 111-10-1 reads as follows: '
' Art. L. 111-10-1. -The prefect, the mayor of the municipality for the establishment of the buildings and the President of the public establishment of intercommunal cooperation in the field of housing may request the communication of the studies referred to in Articles L. 111-9 and L. 111-10. These studies must be submitted within one month of the request. Their refusal to disclose shall be subject to the prosecution and punishment provided for in Articles L. 152-1 to L. 152-10. "
III. -Articles L. 152-1 and L. 152-4 of the Code, after the reference: L. 111-9, " Are inserted the references: " L. 111-10, L. 111-10-1, ".
IV. -The 2 ° of II of Article L. 224-1 of the Environment Code reads as follows:
" 2. Predict that boilers and air conditioning systems whose power exceeds a threshold set by decree are subject to regular inspections, setting out the conditions for implementation. As part of these inspections, installation optimisation boards are, where appropriate, provided to owners or managers; ".
V.-The II of Article L. 224-1 of the same code is completed by a 3 ° thus written:
" 3 ° Prescribe to companies that sell energy or energy services the obligation to promote rational use of energy and incentives to energy savings as part of their advertising messages.
2 ° of Article L. 224-2 of the Code of The environment is supplemented by the words: " For the goods put on sale, prescribe, where appropriate, the display of the assessment of the full cost, taking into account their energy consumption and the cost of the purchase, and specify the methods of determination "
Title II of the book Urbanism code is complemented by a chapter VIII thus written:
"Chapter VIII
" Provisions promoting energy performance
and energy Renewable in habitat
" Art. L. 128-1. -Exceeding the coefficient of occupation of the soil shall be permitted, within the limit of 20 % and in accordance with the other rules of the local planning plan, for buildings which meet energy performance criteria or which include Renewable energy production equipment.
" A decree in the Council of State determines the performance criteria and equipment taken into account.
" The portion of the construction in excess shall not be subject to the payment resulting from exceeding the legal limit of density.
" Art. L. 128-2. -The provisions of Article L. 128-1 shall be made applicable in the municipality by decision of its municipal council. "
After the twentieth paragraph (13 °) of Article L. 123-1 of the urbanism code, it is inserted a 14 ° thus written:
" 14 ° Recommend the use of renewable energies for the energy supply of new buildings, according to the characteristics of these constructions, subject to the protection of sites and landscapes. "
In the first paragraph of I of Article 30 of Act No. 80-531 of 15 July 1980 on energy saving and The use of heat, in the first sentence of Article 87 of the Finance Law, 1987 (No. 86-1317 of 30 December 1986) and in the first sentence of Article L. 541-39 of the Environmental Code, after the words: And furniture "shall be inserted the words:" , credit ".
The transmission public network manager or public electricity distribution network managers deliver to the Producers connected to these networks, who request the guarantees of origin for the amount of electricity injected into their networks and produced in France from renewable energy sources or by cogeneration. When requested, the operator of the public transport network shall issue guarantees of origin to producers not connected to the grid and to self-consumers of electricity from renewable energy or cogeneration
Service thus created to deliver the guarantees of origin is at the expense of their applicant.
The person purchasing, pursuant to Articles 8, 10 or 50 of the aforementioned Law No. 2000-108 of 10 February 2000, of the electricity produced in France from Of renewable energies or cogeneration is subrogated to the producer of This electricity in its right to obtain the grant of the corresponding guarantees of origin.
The manager of the public transport network shall establish and maintain a register of guarantees of origin. This register is accessible to the public.
A decree in the Council of State specifies the conditions for the issuing of guarantees of origin and maintenance of the register, the rates of access to this service and the powers and means of action and control Assigned to managers of public electricity transmission and distribution networks.
Section 8 of the Act No. 2000-108 of 10 February 2000, as amended:
1 ° After the words: " ", the end of the first paragraph shall be deleted;
2 ° The penultimate sentence of the fourth paragraph shall be supplemented by the following words:" Immediately or, at the request of the successful candidate, when the final characteristics of the projects, in particular the location, are stopped ".
Section 10 of Act No. 2000-108 of 10 February 2000 is thus amended:
1 ° In the penultimate sentence of the third subparagraph (2 °), the words: " And benefiting from the obligation to purchase " Are deleted;
2 ° After the same paragraph, it shall be inserted as follows:
" The new installations for the turbinage of the minimum flows referred to in Article L. 432-5 of the environmental code carried out by the holder of an authorisation or of a current hydro concession benefit from the obligation Purchase independently of the main structure provided that their installed power complies with the limits laid down in the decree referred to in the preceding paragraph. "
I. -The first sentence of the eighth preambular paragraph of Article 10 of Act No. 2000-108 of 10 February 2000 is replaced by the
two sentences: The contracts concluded pursuant to this Article by Electricité de France and the non-nationalised distributors referred to in Article 23 of Law No. 46-628 of 8 April 1946, set out the terms of purchase taking into account the costs The investment and exploitation avoided by those purchasers, to which a premium may be added taking into account the contribution of the production delivered or the sectors to the attainment of the objectives set out in the second subparagraph of Article 1 of the Present law. The level of this premium may not lead to the remuneration of capitalised capital in installations benefiting from these conditions of purchase exceeding a normal remuneration of capital, taking into account the risks inherent in such activities and The guarantee for these facilities to sell their entire production at a specified rate. "
II. -This Article comes into force on March 31, 2006.
I. -Section 10 of Act No. 2000-108 of 10 February 2000 is thus amended:
1 ° In the first sentence of 2 °, after the words: " Renewable energies' shall be inserted as follows: ' , with the exception of those using mechanical wind energy located in zones interconnected to the continental metropolitan network, " ;
2 ° After 2 °, it is inserted a 3 ° so written:
" 3 ° Installations for the production of electricity using the mechanical energy of the wind which are located within the perimeter of a wind development zone, as defined in Article 10-1. "
II. -After Article 10 of the same Law, a Article 10-1 shall be inserted as
: Article 10-1. -Wind development zones are defined by the prefect of the department according to their wind potential, the possibilities of connection to electricity grids and the protection of landscapes, historical monuments and sites Remarkable and protected. They shall be proposed by the municipality (s) of which all or part of the territory is included in the proposed perimeter or by a public institution of inter-communal cooperation in the field of taxation, subject to the agreement of the Member (s) All or part of the territory is included in the proposed perimeter.
" The proposal of the wind development zones specifies the perimeter and defines the minimum and maximum installed power of the installations producing electricity from the mechanical energy of the wind which can benefit, in this Of the provisions of Article 10. It is accompanied by elements facilitating the appreciation of the project's interest in relation to the wind potential, the possibilities of connection to electricity grids and the protection of landscapes, historic monuments and remarkable sites And protected.
" The decision of the prefect of the département shall take place on the basis of the proposal within a maximum period of six months from the date of receipt of the proposal, after the opinion of the departmental committee responsible for nature, landscapes and sites and Municipalities bordering on those of which all or part of the territory is included in the wind development zone. Such opinions shall be deemed to be favourable due to lack of reply within three months following the transmission of the request by the prefect. The prefect ensures the departmental coherence of the wind development zones and the consolidation of the installations in order to protect the landscapes.
" Wind development zones are required for the wind regional scheme defined in the I of Article L. 553-4 of the Environment Code. "
III. -The provisions of Article 10 of Act No. 2000-108 of 10 February 2000, referred to in this Law, shall remain applicable for two years after the publication of the said Act, at the request of their operators, at the request of the Installations for the production of electricity using the mechanical energy of the wind to which the administrative authority granted, during that period, the benefit of the obligation to purchase in accordance with the same article in its earlier drafting Law, and for which a complete application for a building permit has been File within the same time frame.
IV. -In the I of Article L. 553-2 of the Environment Code, the words: Whose total installed power on the same production site, within the meaning of the third paragraph (2 °) of Article 10 of Law No. 2000-108 of 10 February 2000 on the modernisation and development of the public electricity service, exceeds 2.5 Megawatt, " Are replaced by the words: " Of which the height of the mast exceeds 50 metres ".
Article L. 421-2-3 of the urban planning code shall be supplemented by a 3 ° Written:
" 3 ° In the case of installations for the production of electricity of renewable origin located in inland or territorial waters, connected to the public electricity distribution and transmission network and subject to construction permits Is deposited in the commune in which the point of connection to the public electricity distribution or transmission grid is installed. For the instruction of the building permit, the mayor of this municipality exercises the powers of the mayor of the commune of plate. "
The II of Article 1609 d C of the General Tax Code is thus amended:
1 ° After the first sentence of the First subparagraph, it shall be inserted a sentence so worded:
" It may, under the same conditions, decide to take the place of its Member communes in order to collect the professional tax paid by the electricity generating installations using the mechanical energy of the wind in the territory of These communes as from the publication of Law No. 2005-781 of 13 July 2005 on the guidelines for energy policy." ;
2 ° The last sentence of the first subparagraph is supplemented by the words: " "Economic activities" ;
3 ° It is completed by a 5 ° thus written:
" 5 ° The public institution of inter-communal cooperation shall pay to the communes in which all or part of the territory is situated within a wind development zone or, in the absence of a wind development zone, to the municipalities Establishment of the installations referred to in the first subparagraph of this II and the neighbouring communes members of the public establishment of inter-communal cooperation an allocation to compensate for the environmental nuisance associated with the installations Using mechanical wind energy. This allocation may not exceed the product of the professional tax collected on those facilities. "
Article L. 553-3 of the Environment Code is thus modified:
1 ° At the end of the second sentence, the words:" In the conditions laid down by decree in the Council of State " Are deleted;
2 ° Added two sentences written:
" For installations on the maritime public domain, these financial guarantees are set up at the beginning of their construction. A decree in the Council of State determines the conditions for the establishment of financial guarantees. "
Article L. 211-1 of the Environment Code is thus modified:
1 ° 5 ° of I is thus written:
" 5 ° The exploitation of water as an economic resource and, in particular, for the development of the production of electricity of renewable origin and the distribution of this resource. ' ;
2 ° At 4 ° of II, after the words: " Of the production of energy, " shall be inserted the words: And in particular to ensure the safety of the electrical system ".
I. -The I of Article 6 of Act No. 2000-108 of 10 February 2000 is thus amended:
1 ° In the first sentence of the last paragraph, after the words: " In developing this programming, the words "shall be inserted:" Whose perimeter takes into account the entire territory of zones not interconnected to the public electricity transmission network, " ;
2 ° The same paragraph is supplemented by four sentences thus written:
" In order to establish this balance sheet, the manager of the public transport network has access to all relevant information from managers of public distribution networks, producers, suppliers and consumers. It preserves the confidentiality of the information collected. A decree specifies the elements contained in the balance sheet, its terms of development and the conditions under which the public transport network manager seizes the minister responsible for energy with the risk of imbalance between needs And the electricity available to satisfy them. In addition, managers of public distribution networks in the non-interconnected areas of the continental network are developing a balance sheet forecast of the balance between supply and demand for electricity in their area of service. "
II. -The same I shall be supplemented by a paragraph worded as follows:
" The Minister responsible for energy shall make public an assessment, by geographical area, of the potential for the development of electricity supply chains from renewable sources, taking into account the multiannual programming of the Investments. "
The environment code is thus modified:
1 ° The III of Article L. 212-1 is supplemented by a sentence like this Written:
" The scheme takes into account the assessment by geographical area of the hydroelectric potential established pursuant to Article 6 of Act No. 2000-108 of 10 February 2000 on the modernisation and development of the public service Electricity." ;
2 ° The second paragraph of Article L. 212-5 is supplemented by a sentence so worded:
" The scheme also takes into account the assessment by geographical area of the hydroelectric potential established pursuant to Article 6 of Act No. 2000-108 of 10 February 2000." ;
3 ° I of Article L. 553-4 is supplemented by a sentence so worded:
" The scheme takes into account the assessment by geographical area of the wind potential established pursuant to Article 6 of Act No. 2000-108 of 10 February 2000 on the modernisation and development of the public electricity service. "
Section 2 of the Act of 16 October 1919 on the use of hydraulic energy is supplemented by a paragraph Thus written:
" The power of a licensed or licensed installation or work may be increased, once, by no more than 20 % by declaration to the competent administrative authority. This increase does not alter the scheme under which the undertaking is situated within the meaning of this Article, including when it has the effect of carrying the power of an authorised undertaking above 4 500 kilowatts, and does not require the Renewal or modification of the act of concession or an administrative authorization. The increase in power shall be granted without prejudice to the safety and security of the works. "
After section 2 of the Act of 16 October 1919, it is inserted an article 2-1 thus written:
" Art. 2-1. -The administrative acts relating to the management of the water resource, taken pursuant to the first paragraph of Article 1 or the fifth paragraph of Article 2 of this Law, of Article L. 212-1 and the first paragraph of Article L. 212-3 of the Environment Code, preceded by an energy balance by assessing the consequences for the national emission reduction targets contributing to the strengthening of the greenhouse effect and the development of production Renewable electricity. "
Authority to install new equipment for the turbinage of minimum flows is the subject of the procedures Defined pursuant to Article 28 of the Act of 16 October 1919, without prejudice to the provisions of Article L. 122-1 of the Environment Code.
Article 1 of The Act of 16 October 1919 is supplemented by a paragraph worded as follows: "
" The operation of the hydraulic energy of installations or works already authorised under Articles L. 214-1 to L. 214-11 of the Environment Code shall be exempted from the grant or authorisation procedure established in the first paragraph of this Article. Article, without prejudice to the application of the provisions of Article L. 214-3 of the Code. "
Article L. 214-4 of the Environment Code is completed by an IV thus written:
" IV. -A decree determines the conditions under which authorisations for work or activities of a temporary, periodic and no significant and lasting effect on the natural environment will be granted, without a public inquiry Prior to the application of the application for the duration of the title to be covered. The provisions of the decrees in force on the date of the publication of Act No. 2005-781 of 13 July 2005 on the guidelines for energy policy will be repealed if they are not in conformity with the provisions of the Decree referred to above. "
The first sentence of the second subparagraph of Article L. 1111-2 of the General Code of Local and Regional Authorities is thus Written:
" They contribute with the State to the administration and development of the territory, to economic, social, health, cultural and scientific development, as well as to the protection of the environment, to the fight against the greenhouse effect through control and The rational use of energy and the improvement of the living environment. "
The Minister responsible for Energy establishes and makes public a multi-year program of investments in Production of energy used for heat production. In particular, it lays down objectives by means of renewable energy production and, where appropriate, by geographical area.
After the second paragraph of Article 3 of Law No. 2000-108 of 10 February 2000, the following two sub-paragraphs are inserted:
" Under the conditions laid down by a decree in the Council of State, the Energy Regulatory Commission monitors transactions in organised electricity markets as well as trade at borders. This Order is made after notice of the commission.
" Where it considers that the conduct brought to the attention of the Energy Regulatory Commission in the exercise of the powers conferred on it by the third paragraph may reveal practices prohibited by Article L. 420-1 and L. 420-2 of the Commercial Code, the President shall refer the matter to the Competition Council in accordance with the procedure laid down in Article 39 of this Law. "
After the second subparagraph of Article 1 of Act No. 2003-8 of 3 January 2003 on gas markets and Electricity and the public energy service are inserted two sub-paragraphs as follows: '
' Under the conditions laid down by a decree in the Council of State, the Energy Regulatory Commission monitors transactions in organised natural gas markets as well as trade at borders. This Order is made after notice of the commission.
" Where it considers that the conduct brought to the attention of the Energy Regulatory Commission in the exercise of the powers conferred on it by the third paragraph may reveal practices prohibited by Article L. 420-1 and L. 420-2 of the Commercial Code, the President referred the matter to the Competition Council in accordance with the procedure laid down in Article 39 of Law No. 2000-108 of 10 February 2000. "
Section 4 of Law No. 2000-108 of 10 February 2000, cited above, is supplemented by a V thus written:
" V.-The transfer tariffs referred to in the I shall replace, with respect to the supply of electricity, the tariff conditions set out in the current contracts between Electricité de France and non-nationalised distributors which do not Exercised their right to eligibility within six months of the publication of the decree fixing such tariffs. The implementing rules for the charging of electricity are fixed by decree in the Council of State. "
I. -The I of Article 5 of Act No. 2000-108 of 10 February 2000 is thus amended:
1 ° The twelfth preambular paragraph is supplemented by a sentence so worded:
" The amount of the annual contribution, fixed for a given year, shall apply to the following years in the absence of entry into force of a new order for the year concerned. ' ;
2 ° The last sentence of the sixteenth paragraph is deleted.
II. -The IV of Article 118 of Law No. 2004-1485 of 30 December 2004 of the 2004 amending budget is thus amended:
1 ° After the words: Res judica, the amount ", is inserted the word:" Estimate " ;
2 ° The words: " For the years 2004 and 2005 " Are replaced by the words: " For 2004 " ;
3 ° The words: " For the same two years " Are replaced by the words: " For the years 2004 and 2005 ".
The second sentence of 1 ° of a of the I of Article 5 of Law No. 2000-108 of 10 February 2000, supra, is supplemented by the words: Or, for non-nationalised distributors, by reference to the transfer rates referred to in Article 4 as a proportion of the share of the electricity acquired at those rates in their total supply, net of the quantities acquired under the Articles 8 and 10 aforesaid ".
The conditions of remuneration of capital-locked capital in the means of production Of electricity used to calculate the compensation of the charges mentioned To the 2 ° of a of the I of Article 5 of Law No. 2000-108 of 10 February 2000 referred to above shall be defined by order of the Minister responsible for energy in order to ensure the security of the electricity supply of areas not connected to the network Continental Metropolitan.
In the first sentence of the twelfth preambular paragraph of Article 5 of Law No. 2000-108 of 10 February 2000, supra, the words: Twice a year " Are replaced by the words: " Four times a year ".
After the I of Article 5 of Act No. 2000-108 of 10 February 2000, it is inserted an I bis Thus written:
" I bis. -End users of electricity acquired from electricity produced from a renewable energy source or by cogeneration in another Member State of the European Union may request reimbursement of a share of the contribution In application of the I for this electricity when they guarantee its origin. The total amount of the reimbursement shall be the product of the contribution paid in respect of that electricity by the fraction represented, in the charges attributable to public service missions, the additional costs referred to in the 1 ° of the I.
" Producers and suppliers who sell in another Member State of the European Union electricity produced from a renewable energy source or cogeneration and entitled to a guarantee of origin shall pay a Contribution for this electricity. The total amount of this contribution shall be equal to a fraction equal to the share, in the public service charges, of the additional costs mentioned in the 1 ° of the I of the product of the number of kilowatt hours sold by the contribution applicable to the Every kilowatt-hour consumed in accordance with I. "
After the I of Article 5 of Law No. 2000-108 of 10 February 2000 , it is inserted an I ter thus written:
" I ter. -Where the electricity acquired under the conditions laid down in Articles 8, 10 and 50 of this Law shall, for the benefit of the purchaser, be recovered by reason of its origin, the amount of that recovery shall be deducted from the costs of Public service found for this purchaser. "
Chapter III of Title III of Act No. 2000-108 of 10 February 2000 is thus amended:
1 ° Sound Is supplemented by the words: " And electricity quality " ;
2 ° It is complemented by an article 21-1 thus written:
" Article 21-1. -I.-The manager of the public transport network and, without prejudice to the provisions of the sixth paragraph of I of Article L. 2224-31 of the General Code of Local and Regional Authorities, managers of public electricity distribution networks Design and operate these networks in such a way as to ensure the provision of electricity of a regular quality, defined and compatible with the usual uses of electrical
. II. -A decree, taken after the opinion of the Electricity Technical Committee, the Energy Regulatory Commission and the Higher Energy Council, establishes the quality levels and technical requirements for quality which must be Respected by the public transport network manager and managers of public distribution networks. The corresponding required quality levels can be modulated by geography.
" In accordance with the provisions of the aforementioned decree, the specification for the concession of the public transport network, the specifications of the distribution concessions referred to in Article L. 2224-31 of the General Community Code Territorial and regulatory service regulations set the required quality levels.
" III. -Where the level of quality is not attained in the field of supply interruptions attributable to public distribution networks, the organising authority may require the manager of the public distribution network concerned to submit between The hands of a public accountant an amount that will be returned after restoring the quality level.
" A decree of the Council of State lays down detailed rules for the application of this Article, in particular the general principles for the calculation of the amount concerned in this III, which take account of the nature and importance of non-compliance with quality Found. "
Article 22 of Law No. 2000-108 of 10 February 2000 is thus amended:
1 ° In the first sentence of Third paragraph of II, the words: " When the total consumption of these customers exceeds the threshold mentioned in the I Are deleted;
2 ° In the last sentence of the same paragraph, the words: " Continue to " Are deleted;
3 ° The same paragraph is supplemented with two sentences thus written:
" Non-nationalized distributors shall make the declaration provided for in IV of this Article when they exercise, in whole or in part, their entitlement to eligibility. The purchase activity for resale of the distributor is limited to the supply of eligible and non-eligible customers located in their service areas." ;
4 ° In the first paragraph of IV, the words: " Settle on the national territory for " Deleted.
After the eighth paragraph of Article 23 of Law No. 2000-108 of 10 February 2000, cited above, shall be inserted Three paragraphs thus written:
" The network manager is also required to deny access to the network:
" -to a producer who cannot justify an authorisation or a declaration receipt issued pursuant to Article 6 II;
" -to a supplier who does not carry on the activity of purchase for resale in accordance with the requirements of the receipt issued pursuant to Article 22 (II) or IV. "
After Article 23 of Law No. 2000-108 of 10 February 2000, it is inserted a Article 23-1 worded as follows:
" Art. 23-1. -I.-Connecting a user to public networks includes the creation of extension works, low voltage connections and, where appropriate, the strengthening of existing networks.
" The connecting structures are part of the public transport and distribution networks. A decree specifies the consistency of the plugging and extension works.
" II. -Where the connection is intended to serve a production facility, the producer may, subject to the agreement of the owner referred to in Article 14 or the second paragraph of Article 18, perform the work at his exclusive expense To be connected by undertakings authorised by the owner according to the provisions of a specification laid down by the owner. A decree of the Council of State shall specify the procedures for the application of this II. "
The third paragraph of Article 7 of Law No. 2004-803 of 9 August 2004 on the public service of electricity and Gas and electricity and gas companies are supplemented by two sentences thus written:
" The Directors-General or the members of the Executive Board shall be appointed by the Management Board or the Supervisory Board on the proposal of the Director General or the President of the Executive Board. The function of the chairman of the board of directors or supervisory board of that company is incompatible with the exercise of any responsibility directly related to competitive activities within the governing structures of other undertakings Of the energy sector. "
Article 30 of Law No. 2004-803 of 9 August 2004 is supplemented by a sentence so worded:
" When exercising these rights for one of their consumption sites, these persons apply the procedures of the said code according to the consumption of this site and may retain the contract or contracts for the supply of their other sites Of consumption. "
The rates of sale of electricity and natural gas to non-eligible customers mentioned in the first paragraph of Article 4 of Law No. 2000-108 of 10 February 2000 and the first paragraph of Article 7 of Act No. 2003-8 of 3 January 2003, cited above, shall, at its request, be granted to an eligible consumer for the final consumption of a site for which It does not exercise the rights granted to Article 22 of Act No. 2000-108 of 10 February 2000 or the last paragraph of Article 3 of Act No. 2003-8 of 3 January 2003 referred to above, provided that these rights have not previously been exercised, for this site, by that consumer or by another person.
For new Consumption sites, the provisions of the preceding paragraph shall apply until 31 December 2007.
I. -Without prejudice to the provisions of the I of Article 5 of Act No. 2000-108 of 10 February 2000, the total amount owing for the contribution to the public service of electricity by any industrial society consuming more than 7 gigawatt hours Of electricity per year shall be capped at 0.5 % of its added value.
A decree of the Council of State lays down the rules for the application of this Article, which shall enter into force on 1 January
. -After Article L. 135 M of the book of tax procedures, a Article L. 135 N is inserted as follows: '
' Art. L. 135 N.-The agents of the Energy Regulatory Commission, empowered and sworn in pursuant to Article 43 of Law No. 2000-108 of 10 February 2000 on the modernisation and development of the public electricity service, May receive from the tax administration the information necessary for the establishment of the ceiling on the contribution to the public service of electricity set up by Article 67 of Law No. 2005-781 of 13 July 2005 on the fixing of the Guidelines for energy policy. "
After section 1391 D of the General Tax Code, a section 1391 E is inserted as follows:
" Art. 1391 E.-It shall be granted on the assessment of the property tax on the built properties relating to buildings allocated to the dwelling, belonging to the moderate rent housing organisations referred to in Article L. 411-2 of the Construction Code and Of the housing or the mixed economy companies having as their statutory object the construction or management of housing, a rebate equal to one quarter of the expenses paid, because of the energy saving work referred to in Article L. 111-10 of the same code to the The year before the year for which the taxation is due. "
In Article 51 of Law No. 2004-803 of 9 August 2004, the words: Present law " Are replaced by the words: " Act No. 2005-781 of 13 July 2005 on the guidelines for energy policy ".
Article 45 of the Law No. 46-628 of 8 April 1946 on the nationalisation of electricity and gas is thus written:
" Article 45. -The Higher Energy Council is consulted on:
" 1 ° All acts of a regulatory nature emanating from the State in the electricity or gas sector, with the exception of those which fall within the competence of the National Energy and Gas Industries Fund;
" 2 ° The decrees and orders of a regulatory nature referred to in Articles 14 and 15 of Law No. 2005-781 of 13 July 2005 on the guidelines for energy
. The Higher Energy Council may, at the request of the Minister responsible for energy, issue opinions on electricity, gas and other fossil energy policy, renewable energy and energy saving. These notices are given to the Government.
" The Energy Board is composed of:
" 1 ° Members of Parliament;
" 2 ° Representatives from affected departments;
" 3 ° Territorial community representatives;
" 4 ° Representatives of energy consumers and authorised associations for the protection of the environment;
5 ° Representatives of companies in the electricity, gas, oil, renewable energy and energy efficiency sectors;
6 ° Electricity and gas industry personnel representatives.
" The operating costs of the Higher Energy Council shall be entered in the general budget of the State. The President of the Higher Energy Council shall propose annually to the Minister responsible for energy, during the preparation of the draft finance bill, an estimate of the expenses of the
. A decree of the Council of State shall specify the procedures for the application of this Article. "
After paragraph 2 of the I of Article 16 of Act No. 2004-803 of 9 August 2004, it is inserted into a paragraph Thus written:
" The Board of Directors of the credit union shall be consulted on draft legislative or regulatory provisions having a direct impact on the financial balance of the scheme or entering its field of competence. It makes a reasoned opinion. A decree of the Council of State shall lay down the rules for the application of this paragraph. "
In the first sentence of the second paragraph of Article 33 of Law No. 2000-108 of 10 February 2000, cited above, After the words: " ", are inserted the words:"
The first paragraph of III of Article 4 of Law No. 2000-108 of 10 February 2000 is replaced by Three paragraphs thus written:
" Within the framework of the Decree adopted pursuant to this Article, the reasoned proposals for tariffs of use of transmission and distribution networks shall be transmitted by the Energy Regulatory Commission to the Ministers responsible for The economy and energy. The ministerial decision shall be deemed to have been taken, except as opposed by one of the ministers, within two months of receiving the proposals of the committee. The tariffs shall be published in the Official Journal by the ministers responsible for the economy and energy
Decisions on the other tariffs and the price ceilings referred to in this Article shall be taken by the Ministers responsible for the economy and energy, on the advice of the Energy Regulatory
. The Commission for the regulation of energy formulates its proposals and opinions, which must be motivated, after having carried out any consultation that it considers useful to those involved in the energy market. "
Section 4 of Law No. 2000-108 of 10 February 2000, cited above, is supplemented by an IV as
: IV. -Managers of public electricity transmission and distribution networks implement devices allowing suppliers to offer their customers different prices according to the periods of the year or day, and Encouraging network users to limit their consumption during periods when the consumption of all consumers is highest.
" The structure and level of the rates for the use of transmission and distribution networks shall be fixed in order to encourage customers to limit their consumption to periods when the consumption of all consumers is the most High to the extent that the overall product of these tariffs covers all the costs of using these networks.
" The specifications of the concessions and the rules of service of the electricity distribution authorities shall be brought into conformity with the provisions of this Article. A decree in the Council of State, taken on a proposal from the Commission for the Regulation of Energy, lays down detailed rules for the application of the first subparagraph, in particular the arrangements for the financial management of this device. "
The last paragraph of I of Article 7 of Act No. 2003-8 of 3 January 2003 is replaced by three paragraphs Thus written:
" In accordance with the provisions of the preceding paragraph and of the III of this Article, reasoned proposals for the use of transmission and distribution networks for natural gas and liquefied natural gas installations shall be transmitted By the Energy Regulatory Commission to the ministers responsible for the economy and energy, in particular at the request of the operators. The ministerial decision shall be deemed to have been taken, except as opposed by one of the ministers, within two months of the receipt of the committee's proposals. The tariffs shall be published in the Official Journal by the ministers responsible for the economy and energy
Decisions on the other tariffs referred to in this Article shall be taken by the Ministers responsible for the economy and energy, on the advice of the Energy Regulatory
. The Commission for the regulation of energy formulates its proposals and opinions, which must be motivated, after having carried out any consultation that it considers useful to those involved in the energy market. "
The rate of pay for capital-locked capital, referred to in section 56, is determined in a manner that is The development of the electrical system of the departmental community of Mayotte.
The provisions of Article 10 of Law No. 2000-108 of 10 February 2000 and of its implementing texts are applicable in the Community Departmental de Mayotte.
As of January 1, 2007:
1 ° The electricity sales rates applicable in the departmental community are identical to those charged in the metropolitan area;
2 ° The departmental community may establish a local electricity tax for its benefit. The basis is defined in Article L. 2333-3 of the General Code of Territorial Communities and whose recovery arrangements are defined in Article L. 2333-4 of the same Code. The proceeds of this tax, the rate of which cannot exceed 12 %, shall be allocated to rural electrification.
The first subparagraph Of the I of Article 38 of Act No. 2000-108 of 10 February 2000 is supplemented by the following sentence:
" The request for dispute referred to in this subparagraph shall not apply to a non-eligible customer. "
The last paragraph of Article 39 of Law No. 2000-108 of 10 February 2000 is supplemented by a sentence like this Written:
" When consulted, pursuant to this paragraph, by the Competition Council on practices of which the latter is seized in the electricity or gas sector, the Energy Regulatory Commission shall, in its opinion, within the time limit , all the elements that are relevant to the investigation of the case in its possession. "
I of Article 38 of Act No. 2000-108 of 10 February 2000 is thus amended:
1 ° At the beginning of the Third sentence of the second subparagraph, after the words: Its decision " shall be inserted as follows: , which may be accompanied by periodic penalty payments, " ;
2 ° After the third sentence of the second subparagraph, the following sentence is inserted:
" Where necessary for the settlement of the dispute, the Commission may fix, in an objective, transparent, non-discriminatory and proportionate manner, the terms and conditions of access to such networks, works and installations or the conditions of their Use." ;
3 ° At the beginning of the last sentence of the second subparagraph, the word " She " Is replaced by the words: " His decision " ;
4 ° The last paragraph is supplemented by a sentence so worded:
" Such measures may include the suspension of practices affecting the rules governing access to such networks, works and installations or their use. "
The IV of Article 15 of Act No. 2000-108 of 10 February 2000 is supplemented by a paragraph worded as follows:
" The Energy Regulatory Commission shall approve the methods for calculating the discrepancies and financial compensation referred to in the previous subparagraph. "
I. -Article 15 of Law No. 2000-108 of 10 February 2000, cited above, is supplemented by a V and an VI thus written:
" V.-Each producer of electricity connected to the public transport or distribution networks and each electricity consumer, for the sites for which he has exercised the rights granted to Article 22 III, shall be responsible for the differences between The injections and electrical support to which it proceeds. It may either define the terms and conditions under which it is financially charged these deviations by contract with the public transport network manager, or mandate a balance manager who supports them.
" Where the extent of the discrepancies in charge of a balance officer compromises the safety of the network, the transmission system operator may, within eight days, make it possible to reduce these discrepancies. This notice gives the network manager the right to access information about the supply and supply of the managers of the balance manager and the contracts linking them with it.
" At the end of the period mentioned above and in case of denunciation by the manager of the public transport network of the contract linking him to the equilibrium manager, the manager of the public transport network shall take charge directly for a period of time Which shall not exceed five days, the balance of the perimeter of the fault line manager and the provision of emergency electricity to the customers of the latter. For this purpose, it may appeal to the suppliers of the failing equilibrium person, to the adjustment mechanism provided for in II or to any supply of supply proposed to it. The manager of the public transport network charges directly to the customers of the failing equilibrium manager who are connected to the public transport network the costs attributable to them and to the managers of public networks Distribute the costs attributable to the clients of the failing equilibrium manager connected to these networks. Managers of public distribution networks pass these costs on to the clients involved. These operations are traced in a specific account.
" The specifications of the distribution concessions and the rules of service of the authorities shall be brought into line with the provisions of this V.
" VI. -At the end of the period referred to in the second subparagraph of the V, a consumer who is a principal of a defaulting equilibrium official shall be entitled to the relevant sites, unless he requests otherwise and, at most, until the end of the contract which Consumer to the failing equilibrium manager, of a last resort supply.
" The supplier of last resort ensures the supply of electricity and responsibility for deviations. A call for tenders, the terms of which are laid down by the Minister responsible for energy, makes it possible to designate it and determines the price of the supply of last resort. Representatives of the distribution organising authorities are involved in the procedure for the implementation of this call for tenders. "
II. -The last seven paragraphs of III of Article 2 of the Act are replaced by three sub-paragraphs thus written:
" 2 ° Provision of emergency electricity to eligible customers connected to public networks under the conditions set out in the V of Article 15;
" 3 ° The supply of electricity of last resort to the final consumers eligible under the conditions laid down in VI of the same Article
Electricité de France and, in the context of their legal object and in their exclusive service area, the non-nationalised distributors mentioned in Article 23 of Law No. 46-628 of 8 April 1946 on the nationalisation of electricity and gas Are the bodies responsible for the mission referred to in 1 ° of this III, which they carry out in accordance with the provisions of the concession specifications or the service regulations of the authorities referred to in Article L. 2224-31 of the General Code Local and regional authorities. "
III. -Section 4 of the Act is thus amended:
1 ° In the first paragraph of the I, the words: " , at the rates of relief referred to in 2 ° of III of Article 2 of this Law " Deleted;
2 ° The last paragraph of II is deleted.
Article 46-4 of Law No. 2000-108 of 10 February 2000 Modified:
1 ° In the first sentence of the first subparagraph, the words: " And the rates for the use of public distribution networks " Are deleted;
2 ° It is complemented by a paragraph so written:
" Until the expiry of the period mentioned above, the rates of use of public electricity distribution networks, as well as the corresponding share of these rates in the selling rates to non-eligible customers in Mayotte are Equal to the costs of using electricity distribution networks actually supported by Electricité de Mayotte. "
Article 49 of Law No. 2000-108 of 10 February 2000 reads as follows:
" Art. 49. -Where an eligible customer exercises, for a given site as referred to in Article 22, the rights granted to III of that same article, his contracts in progress at the regulated rate concerning the supply of electricity on this site shall be terminated from full Right. Such termination shall not result in the payment of any compensation.
" However, where such termination occurs within one year after a change, carried out on the initiative of the customer, of the powers subscribed to in the contract, Electricité de France or the non-nationalized distributor concerned is entitled to a Allowance corresponding to the amount of fixed premiums due for electricity actually consumed.
" When a customer who has already exercised his eligibility for eligibility changes again as a supplier, he is alone liable for the costs generated by that change, in particular to the manager of the network to which he is connected. "
The last sentence of Article 3 of Order No. 2002-1451 of 12 December 2002 on modernisation and Development of the public electricity service in Mayotte is deleted.
Law n ° 2003-8 of 3 January 2003 is As amended:
1 ° After Article 16, an article 16-1 reads as follows:
" Art. 16-1. -Natural gas suppliers shall communicate to the natural gas transmission system operator that they use their forecasts of deliveries within six months to enable it to meet the public service obligations laid down in the Article 16 and, in particular, to verify that the dimensioning of the network allows customers to feed in peak periods." ;
2 ° In the first paragraph of Article 31, after the reference: " 16, ", is inserted the reference:" 16-1, ".
At the end of the last sentence of the first subparagraph of I of Article 8 of Act No. 2003-8 of 3 January 2003 Said, the words: , under conditions defined by decree in the Council of State " Deleted.
The first paragraph of I of Article 18 of Act No. 2003-8 of 3 January 2003 is supplemented by A sentence so written:
" This plan presents, subject to the secrets protected by law, the foreseeable development over the next ten years of the contribution of long-term contracts to the supply of the French market. "
After Article 22 of Act No. 2003-8 of 3 January 2003, a Article 22-1 reads as follows:"
" Article 22-1. -Distributors of natural gas or of any other fuel gas using public distribution networks and natural gas carriers shall inform the municipalities on whose territory the networks they operate or, the case Their public institutions of inter-communal cooperation or joint trade unions, where jurisdiction over the public gas distribution has been transferred to them, and the administrative authority of 1 ' territorially competent State in Regulatory and police matters for gas, route and Physical characteristics of the infrastructure they operate. They maintain maps of these networks. "
I. -After Article 25 of Act No. 2003-8 of 3 January 2003, a Article 25-1 reads as follows: '
' Art. 25-1. -Municipalities or their public cooperation establishments which do not have a public natural gas distribution network or whose service works are not being carried out may grant the public gas distribution to Any company approved for this purpose by the Minister responsible for energy. These municipalities and institutions may create a governance approved by the Minister responsible for energy, use such an existing facility or participate in an existing mixed economy company.
" Approval applies to companies that wish to distribute natural gas or other fuel gas through a public distribution network. This authorisation shall be granted in accordance with the technical, economic and financial capacities of the undertaking. The conditions and arrangements for granting, maintaining, withdrawing and advertising the authorisation shall be specified by decree in the Council of State. "
II. -Article 50 of Act No. 98-546 of 2 July 1998 with various economic and financial provisions is repealed.
Minister responsible for The energy sets the conditions under which any natural or legal person who produces, transports, distributes, imports, stores, exports or supplies energy shall provide it with the data relating to its activity which are necessary:
-to the application of this Act;
-to the establishment of statistics for the development of energy policy;
-to the information of specialized agencies, within the framework of the international commitments of France
The agents responsible for collecting and exploiting this data are kept in professional secrecy.
Information is collected without prejudice to the provisions of Article 6 of Law No. 78-753 of 17 July 1978 on various measures Improvement in the relationship between government and the public and diverse Administrative, social and fiscal arrangements.
II and III of Article 26 of Act No. 2003-8 of 3 January 2003 Are replaced by an II, a III and a IV thus written:
" II. -Any connection between a gas consumer in a municipality connected to the natural gas network shall be carried out as a priority on the public distribution network, unless the extent of the volume of consumption envisaged does not allow the connection to that Network. In this case, the connection of the consumer may, subject to the agreement of the transmission system operator, be carried out on the transmission system, under the conditions laid down in the sixth paragraph of Article 6. The specifications attached to the concession agreements or the regulations for the service of the gas boards shall specify the conditions for connection to the networks
III. -The Manager of the Public Gas Distribution Network may apply to the applicant for a connection. The conditions and methods for calculating holdings shall be laid down in a transparent and non-discriminatory manner. They shall be approved by the Minister for Energy after the opinion of the Energy Regulatory Commission and shall be consulted by national organisations representing the organising authorities for the public gas
. Distribution system operators are required to publish their terms and their connection rates.
" IV. -A decree of the Council of State lays down detailed rules for the application of II and III of this article. "
The penalties provided for in Articles 322-1 and 322-2 of the Penal Code shall be imposed on the proper functioning of the works Natural gas distribution or transmission facilities, underground gas storage facilities, liquefied natural gas installations or liquid hydrocarbon distribution or transport installations and installations; and Liquefied or chemical products.
The Minister responsible for energy may prohibit the operation or require the Replacement or removal of networks or elements of transmission networks or Distribution of gas that does not provide adequate security guarantees for persons and property under normal operating or operating conditions.
In the event of non-compliance with these measures, the provisions Article 23 and II of Article 31 of Act No. 2003-8 of 3 January 2003 shall apply.
Article 2 of Law No. 92-1443 of 31 December 1992 reforming the oil regime is Completed by a paragraph so worded:
" Obligations are imposed on domestic fuel oil distributors to ensure continuity of supply to customers performing missions of general interest. A Council of State decree sets out these obligations. "
Annex II to Law No. 83-675 of 26 July 1983 on the democratization of the public sector is supplemented by a paragraph worded as follows:
" Mines de Potasse d' Alsace ".
Pending the appointment of all members of the High Council of The energy, the provisions of the first paragraph of Article 45 of Law No. 46-628 of 8 April 1946 referred to above in its drafting prior to this Law shall remain in force. The Higher Council for Electricity and Gas, in its composition prior to the entry into force of this Law, may also be consulted on the decrees and orders referred to in Articles 14 and 15 of this Law and on the Decree In the State Council mentioned in the last paragraph of Article 45 of Law No. 46-628 of 8 April 1946.
The code of the Is modified as follows:
1 ° In the first paragraph of Article L. 611-4, the words: Public works, " Deleted;
2 ° After Article L. 611-4, it is inserted an Article L. 611-4-1 thus drafted:
" Art. L. 611-4-1. -In the establishments and works listed below, located under the control of the Minister responsible for energy, taking into account the specific technical constraints, the duties of the labour inspectors shall be carried out by the engineers or Technicians, specifically designated by the Regional Directors of Industry, Research and Environment among the agents placed under their authority:
" -nuclear power generation plants;
" -hydro-electric development, including dams and associated service devices;
" -electrical utilities.
" These powers are exercised under the authority of the Minister responsible for labour. "
Law No. 2000-108 of 10 February 2000 is thus amended:
1 ° After the first paragraph of Article 33, it Is inserted a paragraph worded as follows:
" For the performance of the tasks entrusted to it, the Minister responsible for energy may obtain the necessary information from the persons referred to in the first sentence of the first subparagraph. ' ;
2 ° In the last paragraph of section 41, the words: " Expected in item " Are replaced by the words: " Or information provided for in Articles 6, 33 and ".
I. -After the first paragraph of I of Article 16 of Act No. 2004-803 of 9 August 2004 on the public service of electricity and gas and electricity and gas undertakings, it shall be inserted a paragraph worded as
: In addition to the benefits referred to in the preceding paragraph, the credit union is entitled to provide supplementary benefits to basic social security benefits, benefits instituted by the national staff status of the industries Electricity and gas and benefits instituted by business agreements concluded before January 1, 2005. This management is organised by means of agreements between the credit union and the legal persons who delegate the management of these benefits. The caisse is also responsible for managing additional mechanisms of intra-professional solidarity between all or some of the employers covered by the national staff regulations of the electricity and gas industries. Detailed rules for the application of this paragraph shall be specified by decree in the Council of State. "
II. -Section 46 of Act No. 2000-108 of 10 February 2000, cited above, is repealed and, in Article 27 of that Act, the reference: , 46 " Is deleted.
In the last sentence of the second subparagraph of I of Article 16 of Act No. 2004-803 of 9 August 2004 Said, the words: Article L. 231-6 " Are replaced by the words: " Articles L. 231-6 and L. 231-6-1 ".
I. -The V of Article 18 of Act No. 2004-803 of 9 August 2004 is thus amended:
1 ° In the second paragraph, the rates: 10 % and 20 % " Are replaced by the rates: " 5 % and 15 % ", and rates:" 20 % and 35 % " Are replaced by the rates: " 15 % and 30 % " ;
2 ° In the last paragraph, rates: " 15 % and 25 % " Are replaced by the rates: " 10 % and 20 % ".
II. -As from 1 January 2005, the rate of the tariff contribution on the provision of electricity transmission, established by Article 18 of Law No. 2004-803 of 9 August 2004 referred to above, shall be set at 6.5 %. This rate is amended in accordance with the conditions laid down in the first paragraph of Article 18 of Act No. 2004-803 of 9 August 2004.
The National Energy and Gas Industries Fund and the Public Transport Network Manager Carry out the regularisations made necessary by the fixing of this rate.
The penultimate paragraph of Article 30 of Law No. 2000-108 of 10 February 2000 reads as follows:
" The committee shall propose to the Minister responsible for energy and to the Minister responsible for finance, when drawing up the draft financial law, the necessary appropriations, in addition to the resources referred to in the preceding paragraph, for the performance of its Missions. These appropriations are entered in the general budget of the State. The provisions of the Act of 10 August 1922 relating to the organisation of control of expenditure incurred shall not apply to their management. The Chairman of the Committee shall be the authorising officer of revenue and expenditure. The committee shall be subject to the control of the Court of Auditors. "
The first sentence of the first paragraph of Article 39 of Law No. 2000-108 of 10 February 2000 is completed With the words: " , in particular where it considers that such practices are prohibited by Articles L. 420-1 and L. 420-2 of the Commercial Code ".
In the last paragraph of Article 50 of Law No. 2004-803 of 9 August 2004, cited above, the date: January 1, 2005 " Is replaced by the date: " February 1, 2005 ".
Attached to the Finance bill of the year a report on policy resources
This report takes stock of the actions taken to control energy demand, measures to promote renewable energies and the development of the impact on the environment of energy consumption, in particular The development of greenhouse gas emissions.
Article 1-4 of the river public domain and inland navigation code is supplemented by a paragraph worded as follows:
" Notwithstanding any provisions to the contrary, the State shall remain competent to hear and issue authorisations for the taking of water, carried out on the public river domain, for electricity production facilities not covered by the law of 16 October 1919 on the use of hydraulic energy. '
Article 81 of the amending finance law for 2001 (No 2001-1276 of 28 December 2001) is completed By a paragraph so worded:
" These provisions shall not apply to the transfer of ownership of the goods from gas transport concessions located in the territory of the former coal mine
. In this case, the property belonging to the State shall be transferred to a new operator at the price determined by the Minister of Economy, Finance and Industry after having been downgraded, if necessary. "
Under the conditions laid down in Article 38 of the Constitution, the Government is entitled to make orders to The creation of the legislative part of the Energy Code and the Code of Mines.
These codes consolidate and organize the legislation relating to energy and mining, respectively.
The consolidated provisions are Those in force on the date of publication of the order, Reserve for changes that would be necessary to ensure compliance with the hierarchy of standards and the editorial consistency of the texts and harmonize the rule of law.
These orders are made in the thirty-six Months after the publication of this Act.
A bill of ratification shall be tabled in Parliament within three months of the publication of each order.
Sections 34 to 37, 40 to 48, 54 to 62, 66, 67, 72, 74, 76 to 79, 82 to 84, 99, 103, 104 are applicable to Mayotte.
A N N E X E
I. -Taking account of the role of the local
communities and the European dimension
A. -The role of the local authorities and
groups
As regards the quality of the public service, the competent authorities, the granting authorities for the distribution of electricity, gas and heat, Contribute with operators to the improvement of distribution networks and may impose energy saving actions on the electricity, gas and heat delegates and the concessionaires where they allow to avoid extensions Or network enhancements.
To promote the Control of energy demand, in addition to actions aimed at reducing the energy consumption of their services, the competent authorities define urban planning policies aimed at, by urban planning documents or local taxation. Relatively dense settlement of housing and activities near public transport and to avoid uncontrolled urban sprawl. As well as being responsible for the organisation of transport, they include in their travel policies, in particular in urban travel plans, the need to reduce transport-related energy consumption. They finally develop, directly or with environmental agencies, and in particular in partnership with the Environment and Energy Control Agency (ADEME) in the framework of regional-state contracts, incentive policies Energy savings.
In the promotion of renewable energy, communities can promote the use of renewable energy sources, in particular by urban planning, and by developing, in partnership with ADEME, Specific incentive policies, as well as participating in Planning for the implementation of windmills.
Finally, in the area of solidarity between individual energy consumers, the competent authorities, acting within the framework of their social assistance policy, are helping their constituents Difficulties in paying their bills, regardless of the origin of the energy used, in particular through the solidarity funds for housing.
B. -The European dimension
France aims to share the principles of its energy policy with the other Member States of the European Union so that Community legislation enables it to carry out its own Policy and guarantee a high level of security for interconnected networks. Moreover, to the extent that the creation of an integrated European energy market should, in the long term, limit intra-Community price differentials, France promotes better coordination of the energy policies of individual states Members of the European Union in order to promote economic competitiveness.
Thus, every two years, for the European Union, France draws up energy proposals aimed in particular at promoting the concept of public service, The importance of energy demand control and diversification Energy basket and the need to use nuclear energy to reduce greenhouse gas emissions.
II. -The adaptation of the energy demand control policy to the specificities of each sector
A.-The first sector concerned is that of habitat and premises for professional use.
For new buildings, the State decreases On a regular basis the minimum thresholds for overall energy performance, with a target of improvement of 40 % by 2020. In addition, it promotes the construction of a significant proportion of dwellings in which more energy is produced than is consumed.
Given a 1 % per year renewal rate of buildings, the priority is to: Improving the energy efficiency of old buildings in order to divide carbon dioxide emissions by four before 2050. For these buildings, the requirement level evolves in conjunction with the thermal regulations for the nine. It is, initially, in terms of the overall requirement, as close as possible to the regulations applicable to the nine in 2005.
In addition, the state amplifies the renovation actions of the assisted rental park, which allow a reduction of the invoices Of modest household energy. Lessors are encouraged to engage in energy conservation work through equitable sharing of cost savings with tenants.
Finally, with respect to public park, public sector partnerships Private sector is used to promote energy saving and renewable energy development by the state and local authorities.
B.-The second sector concerned is the transport sector
Transportation as the primary source of air pollution; and Of greenhouse gas emissions, the State seeks to reduce, as far as possible, all pollutant emissions from vehicles and to make use of an urban organisation limiting travel. To this end, it promotes:
-in a European framework, and on the basis of agreements with the industry concerned, a reduction of the individual average carbon dioxide emissions from new cars to 120 grams of carbon dioxide emitted per kilometre travelled to 2012 as well as the definition of an emission reduction target for light commercial vehicles, heavy goods vehicles and two-wheeled vehicles;
-the adoption of a Community regulation to reduce emissions Consumption related to the use of air conditioning and other auxiliary equipment of the Vehicles;
-the marketing of less polluting and less polluting vehicles, in particular through better consumer information and the maintenance of tax credits for the purchase of electric vehicles or Operating on liquefied petroleum gas or natural gas for vehicles;
-the development of voluntary speed limiters on new cars and light commercial vehicles, while at the same time aiming for its own fleet As systematically as possible of vehicles equipped with this device;
- Improvement of the behaviour of users' behaviour;
-the definition, by the competent local authorities, of urban planning policies to prevent uncontrolled urban sprawl and facilitate the use of transport by Common;
-improving the energy efficiency of the business supply chain, in particular freight transport, and optimising the movement of employees between their homes and workplaces;
-in An international framework, reducing greenhouse gas emissions
C.-The third sector concerned is the industry sector.
In this sector, the state supports efforts already undertaken to improve the energy efficiency of production processes, but also to promote the diffusion of Non-emitting processes of greenhouse gases, in particular with the development of a system for emissions trading within the European Union.
In addition, France proposes the establishment of thresholds in the Community Maximum consumption of standby electrical appliances, tending towards a power Called less than 1 watt per unit in the general case of the electrical distribution equipment. The state also ensures that standby appliances are taken into account when viewing their energy performance.
III. -Implementation of the diversification policy
of energy supply sources
A.-This diversification concerns, in the first place, electricity, for which the state has three priorities.
1. The maintenance of the
nuclear option open to 2020
If, for current nuclear power plants, a 40-year lifespan seems plausible, this life span is not guaranteed and its eventual extension Is even less so. The first permanent shutdown of existing nuclear power stations could therefore take place around 2020. The lifetime of each plant will be evaluated on a case-by-case basis and, when the time comes, taking into account its specificities of design, construction and operation. This life span will therefore depend on the ability of the plants to meet the specified safety requirements, independently of the producers, by the Directorate-General for Nuclear Safety and Radiation
. Time to build a new nuclear power station, France will have to be able, around 2015, to decide whether it is launching a new generation of nuclear power plants replacing the current one.
To this end, the necessary technologies Must be available at the time of park renewal. Indeed, the technologies of rupture, those of fourth generation reactors, will not be at best available for industrial deployment until 2045, which is too late for the replacement of the current nuclear fleet. The very forthcoming construction of a third-generation EPR reactor is therefore essential to optimise the technical and financial optimisation of the subsequent deployment of the new plants and taking into account the important technological advances of this Reactor model for safety. Moreover, on the horizon of its commissioning, its production will be necessary for the balance of the French electricity grid.
Moreover, the sustainability and development of the nuclear industry requires, on the one hand, that public control of the This sector is preserved and, on the other hand, transparency and public information are increased. Similarly, it will be necessary to examine in 2006, in accordance with Article L. 542-3 of the Environmental Code resulting from Law No. 91-1381 of 30 December 1991 on research on the management of radioactive waste, the technological cluster (s) Likely to provide a lasting solution to the treatment of high-activity and long-lived radioactive waste and to continue research efforts on these topics.
2. The development of renewable energies
The State shall, as a matter of priority, support the development of mature French industrial sectors with the least environmental nuisance and encourage the continuation of the Technological development of other sectors. In particular, it focuses on:
-to optimize the use of hydraulic potential by encouraging the turbinage of minimum flows downstream of dams, by improving the productivity of existing structures, and by promoting the creation of New installations;
-to give priority to the implementation of the most profitable projects by means of the calls for tenders established by Article 8 of Law No. 2000-108 of 10 February 2000. Three years after the enactment of this Act, a review of national and foreign experiences will be undertaken. This balance sheet will be used to optimise the French support for these energies by modifying, if necessary, the existing tools (procurement obligations and invitations to tender) and by considering the creation of a market for green certificates;
-to develop High-energy geothermal offshore and to support deep-fractured hot-rock geothermal experience;
-to value the experience gained with the solar power plant Themis and Odeillo's solar furnace, by participating in the International scientific and technological cooperation bodies on the Solar thermodynamics;
-to support the electricity generation sector from biomass and, in particular, from the biodegradable fraction of industrial and household waste.
3. The guarantee of security of electricity supply from oil, natural gas and coal
It is appropriate for France to ensure sufficient development of the means of thermal production for heating oil, coal or gas in order to Ensure its electrical supply security. The next multi-annual investment programme should therefore reaffirm the role of the thermal power plant and specify its composition.
In the event of a seasonal need for electricity and heat (or cold), the Cogeneration is a technique to be encouraged when it has a better overall performance.
In view of the emissions from these production lines, the State favours a policy of support adapted to the Sequestration of carbon dioxide, including demonstration and Experimentation on pilot sites.
B.-The diversification of the energy mix concerns, in the second place, direct production of heat.
The financial aid of the ADEME in the field of the dissemination of renewable energies is Oriented in priority to those that produce heat. In addition, the State supports the development of a French industrial sector in the field of renewable heat production, in particular through appropriate taxation. It also encourages the substitution of fossil energy, distributed by a heat network, by thermal renewable energy, as well as the development of heat networks, tools for recovery and distribution of resources
The state is responsible for establishing the conditions for fair competition between the different energies used to produce heat, taking into account the environmental impacts of the different energy sources.
Finally, an ambitious policy is being conducted in the field of technology Low energy geothermal, which allows to exploit the heat of the aquifers and the thermal inertia of the nearby subsoil in order to produce heat or cold. For this purpose, studies on the sub-soil are taken up and the development of geothermal heat pumps is encouraged.
C.-The diversification of the energy mix concerns, thirdly, the transport sector in accordance with The guidelines laid down in Article 3-1 of Law No. 82-1153 of 30 December 1982 on the orientation of inland transport.
D.-Finally, energy diversification must take account of the specific situation of non-interconnected
. The non-interconnected areas of our territory, mainly Corsica, The four overseas departments, the departmental community of Mayotte and the territorial community of Saint-Pierre-et-Miquelon, are characterized by their fragility and their high energy dependence, the costs of generating electricity Higher than in the continental mainland and demand for electricity, which is growing much faster as a result of sustained economic growth and a gradual decline in household equipment and equipment Of infra-structures.
The state, in consultation with the To implement an energy policy based on adequate regulation to control production costs, to guarantee the diversity of their energy mix and their security of supply and Control the corresponding economic costs. In addition, it encourages, with the reinforcement of aid in these areas, actions to control energy and the development of renewable energies, in particular solar energy.
This Law shall be enforced as the law of the State.
Done at Paris, July 13, 2005.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Dominique de Villepin
The Minister of State,
Minister of the Interior
and Spatial Planning,
Nicolas Sarkozy
The Minister of Foreign Affairs,
Philippe Douste-Blazy
Minister of Employment, Social Cohesion
and Housing,
Jean-Louis Borloo
The Minister of Economy,
Finance and Industry,
Thierry Breton
Seals, Minister Justice,
Pascal Clément
The Minister of Transport, Equipment,
du tourisme et de la mer,
Dominique Perben
The Minister of Health and Solidarity,
Xavier Bertrand
Le Minister of Agriculture and Fisheries,
Dominique Bussereau
Minister of Ecology
and Sustainable Development,
Nelly Olin
The Minister for Overseas Affairs,
François Baroin
The Minister Delegate to
budget and state reform,
spokesperson for the Government,
Jean-François Copé
The Minister of Employment, at work
and the professional integration of young people,
Gérard Larcher
Associate Minister for Cooperation,
au développement et à la francophonie,
Brigitte Girardin
Associate Minister
in European Affairs,
Catherine Colonna
Associate Minister for Higher Education
Search,
François Goulard
Minister Industry Delegate,
François Loos
(1) Act No. 2005-781.
-Preparatory Work:
National Assembly:
Draft Law No 1586;
Report by Mr Serge Poignant, on behalf of the Committee on Economic Affairs, No. 1597;
Discussion on 18, 19, 24 and 27 May 2004 and adoption, after declaration of emergency, on 1 June 2004.
Senate:
Bill, adopted by the National Assembly, No. 328 (2003-2004);
Report by Henri Revol, on behalf of the Committee on Economic Affairs, No. 330 (2003-2004);
Discussion of the 9 And 10 June 2004 and adoption on 10 June 2004.
National Assembly:
Bill, as amended by the Senate, No. 1669;
Report by Serge Poignant, on behalf of the Committee on Economic Affairs, No. 2160;
Discussion on 24 and 29 March 2005 and adoption of the March 29, 2005.
Senate:
Bill, adopted by the National Assembly at second reading, No. 275 (2004-2005);
Report by Henri Revol, on behalf of the Committee on Economic Affairs, No. 294 (2004-2005);
Discussion 2 to 4 May 2005 and adoption on May 4, 2005.
National Assembly:
Bill, as amended by the Senate at second reading, No. 2294;
Report by Serge Poignant, on behalf of the Joint Joint Committee, No. 2384;
Discussion and adoption on 23 June 2005.
Senate:
Report by Mr. Henri Revol, on behalf of the Joint Joint Committee, No. 410 (2004-2005);
Discussion and adoption on June 23, 2005.
