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Decree Of 8 November 2007 Taken In Application Of Article 2 Of Decree No. 2006-1118 Of 5 September 2006 On Guarantees Of Origin Of Electricity Produced From Renewable Energy Or Cogeneration Sources

Original Language Title: Arrêté du 8 novembre 2007 pris en application de l'article 2 du décret n° 2006-1118 du 5 septembre 2006 relatif aux garanties d'origine de l'électricité produite à partir de sources d'énergie renouvelables ou par cogénération

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Texts transposed

Directive 2001/77/EC of the European Parliament and the Council on the promotion of electricity from renewable energy sources on the domestic electricity market

Directive 2004/8/EC of the European Parliament and the Council on the promotion of cogeneration on the basis of demand for useful heat in the domestic energy market and amending Directive 92/42/EEC

Summary

Partial transfer of Directive 2004/8/EC of the European Parliament and of the Council on the promotion of cogeneration on the basis of demand for useful heat in the domestic energy market and amending Directive 92/42/EEC; Directive 2001/77/EC of the European Parliament and the Council on the promotion of electricity produced from renewable energy sources in the domestic electricity market.

Keywords

SUSTAINABLE DEVELOPMENT, EUROPEAN DIRECTIVE, PART TRANSPOSITION


JORF n°264 of 14 November 2007 page 18653
text No. 5



Order of 8 November 2007 pursuant to Article 2 of Decree No. 2006-1118 of 5 September 2006 on the guarantees of origin of electricity produced from renewable sources or by cogeneration

NOR: DEVE0768582A ELI: https://www.legifrance.gouv.fr/eli/arrete/2007/11/8/DEVE0768582A/jo/texte


Minister of State, Minister of Ecology, Development and Sustainable Development,
Having regard to Act No. 2005-781 of 13 July 2005 of the programme setting out the guidelines for energy policy, including articles 29 and 33 of the programme;
Considering Decree No. 2006-1118 of 5 September 2006 on the guarantees of origin of electricity produced from renewable sources or by cogeneration;
In light of the opinion of the Higher Energy Council of 8 November 2007,
Stop it!

Article 1 Learn more about this article...


The production of renewable electricity from an energy transfer station by turbinant pumping at the same time of water pumped and water from natural intakes is equal to the total production of this station reduced by the product of pumping consumption by a normative yield of 70%.

Article 2 Learn more about this article...


The production of renewable electricity from a household waste incineration plant is equal to 50% of the total production of electricity produced by the plant.

Article 3 Learn more about this article...


I. - A certificate of original guarantee may be issued to a joint plant for the production of electricity from biomass and fossil fuels, other than that mentioned in section 2, provided that it uses a fraction of non-renewable energy not exceeding on an annual average 15% of the amount of primary energy it consumes. Renewable electricity generation is then considered to be 85% of the total electricity generation produced by the facility.
II. - The original warranty application, for the type of installation referred to in I, indicates the non-renewable energy fraction used on an annual average. This annual average is calculated on the basis of the entire year preceding the calendar year of the application or on the basis of the expected values for new or renovated facilities.

Article 4 Learn more about this article...


I. - The electricity produced by cogeneration referred to in Article 1 of the above-mentioned Decree of 5 September 2006 comes from a unit that ensures simultaneous production in a single process, of thermal and electrical energy, which uses one of the following technologies:
(a) Combined cycle gas turbine with heat recovery;
(b) Repression steam turbine;
(c) Steam condensation extraction turbine;
(d) Gas turbine with heat recovery;
(e) Internal combustion engine;
(f) Microturbines;
(g) Stirling engines;
(h) Fuel cells;
(i) Steam engines;
(j) Rankine biomass cycles;
(k) Any other type of technology or combination of technologies ensuring simultaneous production in a single process of thermal and electrical and/or mechanical energy.
II. - The original warranty application, for the type of installation mentioned in I, indicates the technology used.

Article 5 Learn more about this article...


I. - A certificate of original guarantee is issued for a quantity of electricity produced by cogeneration calculated in accordance with Annex I to this Order and derived from a cogeneration unit that justifies a primary energy saving on an annual average of 10% or more calculated in accordance with the provisions defined in Annexes I and II to this Order.
II. - A unit of cogeneration of an installed power less than 1 MWe that achieves a primary energy saving calculated in accordance with the provisions defined in Annexes I and II to this Order is considered to satisfy the minimum primary energy value mentioned above.

Article 6 Learn more about this article...


The Director of Demand and Energy Markets is responsible for the execution of this Order, which will come into force six months after the date of its publication in the Official Journal of the French Republic.


Annex



A N N E X E I
ELECTRICITY PRODUCT BY COGÉNÉRATION


The calculation of the electricity produced by cogeneration is determined as follows on the basis of the actual or expected operation of the unit under normal operating conditions.
1. The production of electricity by cogeneration is considered to be equal to the total electric production of the unit, measured at the output of the main generators:
- in the cogeneration units of types a and c referred to in Article 4 of this Order, when the annual overall return reaches 80%;
- in the other cogeneration units referred to in Article 4 of this Order, when the annual overall return reaches 75%.
The overall yield of cogeneration is determined on the basis of the operating values of the unit in cogeneration mode measured during the operation of the whole year preceding the calendar year of the application or on the basis of the expected values for new or renovated installations.
2. For cogeneration units of types a and c, referred to in section 4 of this Order, whose annual overall return is less than 80% and for other cogeneration units less than 75%, the electricity produced by cogeneration is calculated according to the following formula: E = H*C.
E being the amount of electricity produced by cogeneration, H being the amount of heat generated from cogeneration (calculated here as the total heat production minus the heat eventually produced by separate boilers or by the steam generator's steam extraction in front of the turbine) and C the electricity ratio on heat. The original warranty request indicates quantities E and H as well as report C.
The calculation of the electricity from cogeneration shall be based on the ratio of electricity to heat determined on the basis of the operating values of the unit in cogeneration mode measured during the entire year that precedes the calendar year of the demand or on the basis of the expected values for new or renovated installations.
If the measured or expected heat ratio of the considered cogeneration unit is not known, the following default values are used for the units of the types a, b, c, d and e mentioned in Article 4 of this Order, provided that the electricity derived from the cogeneration so calculated is less than or equal to the total electric production of the unit considered:


You can see the table in the OJ
n° 264 of 14/11/2007 text number 5



3. When the calculations set out in items 1 and 2 of this annex involve heat production, the perimeter of thermal production may include, where applicable, the boilers of recovery and post-combustion.
4. When the electricity generation used for the calculations provided in points 1 and 2 of this annex is measured at the level of the injection point in the network, it is corrected, if any, of the consumption of auxiliaries, of the online losses between the generator output and the injection point in the network and of the transformation losses.
5. If a portion of the energy content of the fuel consumption of the cogeneration process is recovered as chemicals and recycled, it may be subtracted from fuel consumption before calculating the overall yield referred to in items 1 and 2.


A N N E X E I
CALCUL DES ÉCONOMIES D'ÉNERGIE PRIMAIRE
1. Formula of calculation of primary energy savings


The amount of primary energy savings achieved through cogeneration is calculated on the basis of the following formula:



You can see the table in the OJ
n° 264 of 14/11/2007 text number 5



where:
Ep represents primary energy savings;
CHP Hh is the thermal output of cogeneration defined as the annual production of useful heat divided by the consumption of fuel used to produce the sum of useful heat and electricity by cogeneration.
Ref Hh is the yield of the reference value for separate heat production.
CHP Eh is the electric output of the cogeneration production defined as the annual production of electricity by cogeneration defined in Annex I to this Order divided by the fuel consumption used to produce the sum of the useful heat and electricity by cogeneration. When a cogeneration unit generates mechanical energy, the annual production of electricity by cogeneration can be increased by an additional element representing the amount of electricity that is equivalent to that of this mechanical energy.
Ref Eh is the yield of the reference value for the separate production of electricity.
The calculation of the performance of cogeneration and primary energy savings is determined on the basis of the operating values of the unit in cogeneration mode under normal operating conditions measured during the entire year preceding the calendar year of the application or on the basis of the expected values for a new or renovated facility.


2. Reference values
2.1. Table of Reference Values for Electricity Production


You can see the table in the OJ
n° 264 of 14/11/2007 text number 5



2.1.1. Application of Performance Values Table
for the production of electricity


The reference return values apply according to the year of construction of the cogeneration units.
The year of construction of a cogeneration unit is the calendar year in which the production of electricity began.
For a cogeneration unit whose age is less than ten years, the year of construction of the cogeneration facility determines the reference value to be used.
From the eleventh year following the year of the construction of the cogeneration unit, the applicable reference value is that applicable to cogeneration units that are ten years old. This reference return value applies for a year (if a cogeneration facility was built in 1990, in 2007, the reference value for 1997, in 2008, for 1998, etc.).
If an existing cogeneration unit is undergoing a modernization whose investment cost exceeds 50% of the investment cost of a new comparable cogeneration unit, the calendar year in which the electricity generation of the modernized cogeneration unit begins is considered its year of renovation.
When a facility includes two or more units whose construction years are different, each unit is evaluated separately, if possible. If the separate assessment is not possible, it is considered that the age of the entire facility is equal to the weighted average (according to the share criterion in the total investment) of the ages of the different units.
When a cogeneration facility uses a combination of fuels, the reference performance values are applied prorated to the weighted average of the energy input of the different fuels.
Treatment for fuel not included in the table: if a fuel does not appear in Table 2.1, it should be classified in one of the existing fuel categories. This classification is based on a statement by the facility operator, describing the specific behaviour of this fuel and justifying the chosen category. For fuels not classified in one of the table categories, reference performance values are defined and approved on a case-by-case basis by the Director of Energy Demand and Markets.
2.1.2. Table of Correction Factors for the Application of Reference Performance Values for Separate Electricity Production


You can see the table in the OJ
n° 264 of 14/11/2007 text number 5



The reference efficiency values for the production of electricity used in the calculation of the primary energy savings are corrected by the multiplier(s) in Table 2.1.2 based on the connection voltage level of the cogeneration unit.
When a plant exports part of the electricity to the grid and consumes it on site, the correction factors are applied on the basis of a weighted average of the values in the table.
These correction factors do not apply to wood-based fuels and biogas.
The connection voltage levels on the public distribution networks correspond to the range 0.4 - 50 kV.


2.2. Table of reference performance values for heat production



You can see the table in the OJ
n° 264 of 14/11/2007 text number 5



2.2.1. Application of the table of reference performance values
for heat production


The values corresponding to the direct use of exhaust gases are used if the temperature is greater than or equal to 250 °C.
When a cogeneration facility uses a combination of fuels, the reference performance values are applied prorated to the weighted average of the energy input of the different fuels.
Treatment for fuel not included in the table: if a fuel is not included in the table, it should be classified into one of the existing fuel categories. This classification is based on a statement by the facility operator, describing the specific behaviour of this fuel and justifying the chosen category. For fuels not classified in one of the table categories, reference performance values are defined and approved on a case-by-case basis by the Director of Energy Demand and Markets.
Treatment applicable to combinations of different heat categories: if a cogeneration unit produces part of steam or hot water and heat from the direct use of exhaust gases, the reference yield value should be calculated from the weighted mean of the thermal energy of these two categories.


Done in Paris, November 8, 2007.


For the Minister and by delegation:

Director of the application

and energy markets,

P.-M. Abadie


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