Texts transposed Directive 2004/8/EC of the European Parliament and of the Council on the promotion of cogeneration based on useful heat demand in the internal energy market and amending directive 92/42/EEC summary partial Transposition of directive 2004/8/EC of the European Parliament and of the Council on the promotion of cogeneration based on useful heat demand in the internal energy market and amending directive 92/42 /. EEC.
Keywords industry, economy, energy, electrical energy, electricity, PUBLIC SERVICE of electricity, generation of electricity, PRODUCTION, co-generation, use facility, renewable energy, warranty, certificate of warranty, Manager, control, competent authority, EC DIRECTIVE, TRANSPOSITION partial JORF n ° 207, September 7, 2006 page 13276 text no. 7 Decree No. 2006-1118 of 5 September 2006 on guarantees of origin of electricity produced from renewable or co-generation energy sources NOR : INDI0608223D ELI: https://www.legifrance.gouv.fr/eli/decret/2006/9/5/INDI0608223D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2006/9/5/2006-1118/jo/texte Prime Minister, on the report of the Minister of economy, finance and industry, having regard to directive 2001/77/EC of the European Parliament and of the Council of 27 September 2001 on the promotion of electricity produced from renewable energy sources on the internal electricity market;
Having regard to directive 2004/8/EC of the European Parliament and of the Council of 11 February 2004 on the promotion of cogeneration based on useful heat demand in the internal energy market and amending directive 92/42/EEC;
Having regard to Act No. 2000-108 dated February 10, 2000 as amended on modernization and development of the public service of electricity;
Having regard to law No 2005 - 781 of 13 July 2005 programme laying down guidelines of energy policy, including its articles 29 and 33;
Considering Decree No. 2000 - 877 of 7 September 2000 on the authorisation to operate the facilities for the production of electricity;
Having regard to the opinion of the Board of Governors of the electricity and gas dated May 9, 2006;
The Council of State (section of public works) heard, enacts as follows: Article 1 more on this article...
Electricity produced from renewable energy or cogeneration facilities for the production of electricity regularly declared or authorized may be granted a certificate of guarantee of origin, at the request of the Prosecutor or of a buyer of electricity, where electricity is the subject of a contract entered into pursuant to articles 8, 10, or 50 of the Act of 10 February 2000 referred to above.
Article 2 more on this article...
The Minister in charge of energy fixed by Decree:-the share of electricity generated by a transfer station of energy by pumping, a joint production of electricity from biomass and fossil fuels facility or an incineration plant for household waste likely to be the subject of a guarantee of origin;
-technologies and the performance criteria of the processes of cogeneration thus calculated to identify electricity generated by this means.
Article 3 read more on this article...
Any installation of electricity for which guarantees of origin are requested must be equipped with a device for metering of electricity.
Article 4 more on this article...
When the installation of electricity generation is connected to the public transport network or a public network, the request of guarantee of origin is directed to the Manager of this network. When the installation is connected to any network or installation produces electricity for its own use, guarantee of origin application is sent to the Manager of the public transport network.
Article 5 read more on this article...
I. - Dates of beginning and end of the period of production of electricity for which a guarantee of origin may be requested must match dates counting data stipulated by contracts between the installation of electricity generation to the network manager.
II. - The date of commencement of the period of production for which a guarantee of origin is claimed cannot be earlier than January 1 of the calendar year preceding the application. The application must be sent no later than 90 days after the last day of the period of production that the subject of the application.
Article 6 read more on this article...
I. - The application of guarantee of origin must include the following: 1 ° the name and address of the applicant or, if he is a person Corporation, its name or business name and the address of its head office;
2 ° the location of the installation of electricity generation;
3 ° the installed capacity of the installation;
4 ° the date of commissioning of the installation;
5 ° the references of the receipt of the declaration or the authority to operate issued pursuant to the Decree of 7 September 2000 referred to above;
6 ° the references of the contract for access to the network when such a contract is concluded;
7 ° where the application of guarantee of origin shall be submitted by a buyer of electricity having concluded a purchase contract, in accordance with articles 8, 10, or 50 of the above-mentioned law of 10 February 2000 the references of the purchase contract;
8 ° the dates start and end of the period of production of electricity for which the guarantee of origin is sought;
9 ° the amount of electricity generated during the period for which the guarantee of origin certificate is requested. When electricity was produced by a station of energy transfer by pumping, a joint production facility of electricity from biomass and fossil fuels, an incineration plant for household waste or by cogeneration, it is recorded in the manner established by the orders provided for in article 2.
II. - The application indicates also: 1 ° when the electricity was produced from renewable energy sources:-the nature of the energy source from which the electricity was produced;
-When the installation works with other energy sources, the share of electricity produced from renewable energy sources.
2 ° when the electricity is produced by cogeneration:-the thermal capacity of the installation;
-fuels from which the electricity was produced;
-the calorific value of the fuel used;
-the overall performance of the installation;
-the amount of heat produced during the period for which the guarantee of origin is sought;
-the use of the heat generated together with the electricity;
-primary energy savings achieved, calculated in accordance with the provisions of the by-laws provided for in article 2.
III. - The applicant for a guarantee of origin shall keep all information and useful documents for three years from the date of its application.
Article 7 read more on this article...
The Manager of the public network has a period of thirty days from the date of receipt of a complete request to issue the original warranty certificate if a guarantee of origin has already been issued for the installation. This period is extended to 60 days if it is a first application.
The certificate must contain the identification of the network manager issuing the guarantee of origin, corresponding references to the elements listed in 1 ° to 9 ° of the article accompanied by 6, as the case may be I, items 1 ° or 2 ° of II of the same article.
Article 8 more on this article...
Public electricity transmission network manager shall, on the national register of guarantees of origin provided for in article 33 of the law of 13 July 2005, the inclusion of guarantees of origin certificates issued by itself or by managers of public electricity distribution networks. To this end, managers of the public distribution system shall transmit to the Manager of the public transport network copy of certificates they issue within a period of eight days.
The register is published on the website of the transport network manager. For each guarantee of origin, publicly accessible registry items are the following:-the number of the certificate of the guarantee of origin;
-the date of issue;
-Network Manager issuing it;
-the name and the quality of the applicant;
-the place of installation for the production of electricity;
-the energy source from which the electricity was produced;
-the dates of beginning and end of the period during which the electricity was produced;
-the amount of energy;
-where appropriate, reference to the registration provided for in article 9.
The Manager of the public transport network proceeded, at least monthly, to update the registry.
The public transport address network manager each year to the Minister in charge of energy a report on guarantees of origin issued in the previous year.
Article 9 read more on this article...
At the request of the holder of a certificate of guarantee of origin, Manager of the public transport network marked on the national register provided for in article 8 of the use of the guarantee. Each guarantee can only be used once.
Article 10 more on this article...
Issuance of a certificate of guarantee of origin tariff includes a fixed share of two hundred to thousand euros excluding taxes and a proportionate share of one to five cents tax per megawatt-hour guaranteed by a network manager public distribution and one to five-tenths of a penny tax per megawatt-hour guaranteed by the Manager of the public transport network. It is fixed by order of the Minister in charge of energy on the basis of the costs incurred by network managers.
Article 11 read more on this article...
Public network managers verify survey accuracy of the elements contained in the request for guarantees of origin files they have received. This verification may relate to guarantees of origin issued for less than three years. Controls officers are empowered by the prefects of region in the light of their technical and legal knowledge on a proposal from the transmission system operators. The silence kept by the prefect of the region for more than two months on a request for clearance is the decision of rejection. The authorization shall be issued for a period of five years. It can be restricted or withdrawn when the conditions which the authorization has been issued shall cease to be met.
Controllers can gather with guarantees of origin applicants to verify the accuracy of the information referred to in article 6 of this Decree. They have access, between 8 and 20 hours to the production facilities of electricity for which a guarantee of origin has been requested or obtained, with the exception of all premises serving as home. They are required to maintain the confidentiality of information of which they have knowledge on the occasion of their controls.
All control is a notice stating the date, the place and the nature of the findings. The minutes is notified within fifteen days following its closure to the applicant for the certificate of guarantee of origin, as well as the prefect of the region where the facility is located by registered letter with acknowledgement of receipt or by any other means establishing the date of receipt.
If the check reveals that the certification is based on erroneous information, the electricity produced later in the period was the last issued original warranty can give rise to issuance of an attestation. A new guarantee of origin may be issued for a period after a new control establishing compliance with the elements of the application of guarantee of origin contained in article 6. This new control will be carried out at the request and at the expense of the applicant.
Article 12 read more on this article...
Certificates issued between October 27, 2003 and December 31, 2006, by the managers of public networks for the purpose of certifying the origin of the electricity and meet the criteria referred to in articles 29 and 33 of the law of program no. 2005 - 781 above have value of certificates of guarantees of origin within the meaning of article 1 of this Decree.
Article 13 read more on this article...
The Minister of economy, finance and industry and the Minister of industry shall be responsible, each in relation to the implementation of this Decree, which shall be published in the Official Journal of the French Republic.
Done at Paris, on 5 September 2006.
Dominique de Villepin Prime Minister: the Minister delegate for industry, François Loos the Minister of economy, finance and industry Thierry Breton