Key Benefits:
The Prime Minister,
On the report of the Minister of State, Minister of Ecology, Energy, Sustainable Development and the Sea, in charge of green technologies and climate negotiations,
In light of Act No. 2000-108 of 10 February 2000 on the Modernization and Development of the Public Electricity Service, including its article 10 ;
Vu le Decree No. 2000-877 of 7 September 2000 the authority to operate electricity production facilities;
Considering the opinion of the Higher Energy Council of 22 September 2009;
Considering the referral of the Regional Council of Guadeloupe dated 14 August 2009;
Considering the referral of the Guyana Regional Council dated 18 August 2009;
Considering the referral of the Martinique Regional Council dated 25 August 2009;
Considering the opinion of the Regional Council of La Réunion dated 15 September 2009;
Considering the referral of the general council of Guadeloupe dated 14 August 2009;
Considering the referral of the General Council of Guyana dated 18 August 2009;
Considering the referral of the General Council of Martinique dated 25 August 2009;
Considering the referral of the General Council of La Réunion dated 14 August 2009;
Considering the referral of the General Council of the Departmental Community of Mayotte dated 18 August 2009;
Decrete:
In overseas departments and Mayotte, and where the conditions set out in the first paragraph of section 10 of the above-mentioned Act of 10 February 2000 are met, the producers applying for it are entitled to the requirement to purchase electricity under the 5° of the said section for electricity production facilities using, as a principal, energy generated by the burning of sugar cane materials.
Facilities that meet these conditions intermittently are eligible. The benefit of the obligation to purchase only applies to periods when these conditions are met.
Orders of the Minister for Energy set out the technical characteristics to be met by the facilities referred to in section 1, including the efficiency of heat cogeneration and the limits in which these facilities can use a fraction of non-renewable energy.
Outside, if any, of the electricity it consumes itself or of the electricity sold as part of the provisions of section 10-2 of the Act of 10 February 2000 referred to above, a producer of electricity under the obligation to purchase under the 5th of section 10 of the law of 10 February 2000 referred to above, below the producer, is required to sell all the electricity produced by the facility considered to Electricité de France, below the buyer.
The relations between the producer and the buyer are the subject of a contract to purchase electricity established in accordance with this decree and the decrees taken under Article 7 of this decree. The effective taking of the purchase contract for new facilities is subject to the connection of the installation to the network.
Where the amendments to the facility have the effect that it no longer complies with the terms and conditions set out in section 10 of the Act of 10 February 2000, these amendments shall in full effect result in the termination of the purchase contract.
The Minister for Energy approves indicative models of contracts for the purchase of electricity produced by the biomass production facilities derived from the sugar cane that benefit from the purchase obligation set out in section 5 of the above-mentioned Act of 10 February 2000 established by Electricité de France.
The contract of purchase referred to in Article 4 may specify the terms and conditions for compensation due in the event of termination of the contract by the producer before the term provided.
In the event of the sale of a facility for which the producer is entitled to a purchase contract referred to in Article 4, the new producer, if requested from the buyer, shall be entitled to the terms and conditions of the existing purchase contract for the remaining period of contract; a purchaser is established.
Orders of Ministers responsible for the economy, energy, agriculture and the overseas, taken after the advice of the Higher Energy Council and after the advice of the Energy Regulatory Commission, set the conditions for the purchase of electricity produced by the facilities under the obligation to purchase under Article 10 of the aforementioned Act of 10 February 2000. These terms and conditions of purchase include:
1° As necessary, the conditions for the supply of electricity by the producer;
2° Electricity purchase rates;
3° The terms and conditions for the revision of electricity purchase rates, based on the evolution of coal market prices and avoided costs in relation to the use of fossil energy, in particular the cost of CO2 emissions avoided;
4° The duration of the contract;
5° The conditions under which contracts for the purchase of electricity in progress on the date of publication of this decree are subject to an amendment to ensure to producers the benefit of the obligation to purchase.
As of the date on which the Energy Regulatory Commission has been seized of a draft decree by the ministers, it has a period of one month to render its opinion, a time limit that the ministers may extend to two months at the request of the commission. After this period, the notice is deemed to be given. The opinion of the Energy Regulatory Commission is published in the Official Journal of the French Republic together with the decree.
In Mayotte, EDF rights and obligations are conferred on the concessionaire company of the public distribution of electricity in Mayotte.
The Minister of State, Minister of Ecology, Energy, Sustainable Development and the Sea, in charge of green technologies and climate negotiations, the Minister of Economy, Industry and Employment, the Minister of Interior, Overseas and Territorial Communities, the Minister of Food, Agriculture and Fisheries, and the Secretary of State responsible for the publication,
Done in Paris, October 29, 2009.
François Fillon
By the Prime Minister:
Minister of State, Minister of Ecology,
of energy, sustainable development and the sea,
green technologies
and climate negotiations,
Jean-Louis Borloo
Minister of Economy,
industry and employment,
Christine Lagarde
The Minister of the Interior,
the overseas and territorial authorities,
Brice Hortefeux
Minister of Food,
agriculture and fisheries,
Bruno Le Maire
Secretary of State
loaded with the overseas,
Marie-Luce Penchard