Key Benefits:
The regional council of Guadeloupe, held in ordinary plenary on Friday, 17 December 2010, at the deliberations room of the regional council (region hotel), under the chairmanship of Mr. Victorin Lurel, president of the regional council of Guadeloupe.
They were present: MM. Lurel Victorin, Baptiste Christian, Mmes Benni Justine, Bernard Marlène, Borel-Lincertin Josette, MM. Brard Michel, Mme Chevry Evita Michelle, MM. Cornano Audry, Cornet Cédric, Mme Daville Elodie, MM. Durimel Harry, Faleme Alex, Galantine Louis, Mme Gustave Sylvie
Number of present: 26.
They were absent (represented): Mr. Atallah André, Ms. Bajazet Claudine, Mr. Dupont Jean-Pierre, Ms. Etzol Maryse, Mr. Kancel Jacques, Mr. Naprix Paul, Ms. Ponchateau-Theobald Marie-Yveline.
Represented: 7.
They were absent: Mr.Aldo Blaise, Ms. Dagonia Sylvie Raymonde, Juliard Reinette, Mr. Nabajoth Alix, Mr. Nebor David Ferdinand, Mr. Marsin Daniel, Ms. Penchard Marie-Luce, Mr. Pozzoli Marie-Claire.
The quorum being reached,
On the proposal of the Chair of the Regional Council, and after having deliberated,
For: 26.
Against: 0.
Abstention: 0.
Having regard to the Constitution, in particular articles 34 and 73, paragraph 3;
Vu le general code of territorial authoritiesincluding the provisions of title III of his book IV and his articles LO 4435-1 to LO 4435-12;
Vu la Act No. 2000-108 of 10 February 2000 relating to the modernization of the public service of electricity, including articles 6-II and 10;
In view of programme law No. 2005-781 of 13 July 2005, setting out the guidelines for energy policy, including its article 29;
Vu la Act No. 2009-594 of 27 May 2009 relating to the economic development of overseas countries, including its article 69;
Vu la Act No. 2009-967 of 3 August 2009 programming relating to the implementation of the Grenelle of the Environment;
Vu le Decree No. 2000-877 of 7 September 2000 relating to the authorization to operate electricity production facilities, including Article 1;
Vu le Decree No. 2003-229 of 13 March 2003 the general technical requirements for design and operation to be met by the facilities for their connection to the public distribution networks;
Vu le Decree No. 2003-588 of 27 June 2003 the general technical requirements for design and operation to be met by the facilities for connection to the public electricity transmission network;
Vu le Decree No. 2006-1731 of 23 December 2006 approving the specification of the type of concession of the public electricity transport network;
Vu le Decree No. 2007-1280 of 28 August 2007 relative to the consistency of branching and extension of connections to public electricity networks;
Vu le Decree No. 2008-386 of 23 April 2008 the general technical requirements of design and operation for the connection of production facilities to public electricity networks;
Vu le Decree No. 2009-1414 of 19 November 2009 relating to administrative procedures for certain electricity production works;
Having regard to the ministerial decision of 23 April 2008 on the technical requirements for the design and operation of connection, as amended by decree of 15 February 2010;
Considering the technical reference documentation of the network manager and in particular the procedure for processing applications for the connection of electricity production facilities to public distribution networks in Corsica and overseas departments and communities (technical benefit, SEI REF 07, version V1, including its transitional measures provided for in Article 5);
Considering the deliberation of the regional council of Guadeloupe CR/2009-269 of 27 March 2009 published in the Official Journal of the French Republic of 3 April 2009;
Considering the opinion of the Regional Economic and Social Council of 16 December 2010;
Considering the advice of the Council for Culture, Education and the Environment of 13 December 2010;
Considering the advice of the joint commission of the regional council, bringing together the energy commission, the environmental and ecology commission, the commission of land development and territorial interventions and the commission of economic development, held on 21 September 2010;
In view of the referral by the President of the Regional Council, by deliberation No. CR/2010-806 of 6 August 2010, of the Minister for Energy under the second paragraph of Article 69 of Law No. 2009-594 of 27 May 2009 ;
Considering that the regional council of Guadeloupe is empowered, by Act No. 2009-594 of 27 May 2009 relating to the economic development of the above-mentioned overseas territories, on the basis of the provisions of Article 73, paragraph 3, of the Constitution, and Articles LO 4435-2 to LO 4435-12 of the general code of the above-mentioned territorial authorities, for a period of two years from the date of its promulgation, to establish rules specific to Guadeloupe, in particular with regard to the development of renewable energy within the limits provided for in its deliberation CR/2009-269, published in 2009
Considering that the objectives set out in Program Law No. 2005-781 of 13 July 2005 setting the above-mentioned energy policy directions, as adopted by the PRERURE (Men-year Regional Energy Plan for the Exploration and Exploitation of Renewable Energy and the Sustainable Use of Energy) will not be achieved in Guadeloupe without a change in the regulatory framework;
Considering that the Act No. 2009-967 of 3 August 2009 programming on the implementation of the Grenelle of the above-mentioned environment sets a target, in the field of energy, by 2020, for a goal of energy autonomy with a minimum of 50% renewable energy in the final consumption for overseas communities;
Considering that the regional council of Guadeloupe may take, by an absolute majority of its members, deliberations in the field of law or the field of regulation which are published in the Official Gazette of the French Republic (CGCT, article LO 4435-7, para. 1 ;
Considering that the characteristics of Guadeloupe holding to the extreme of the territory, the need to maintain agricultural surfaces, the richness of natural spaces and landscapes and the imperative to preserve them justify that special measures be taken to frame the development of electricity production facilities from renewable energies;
Considering the large number of projects for electricity generation from the radiative energy of the sun, largely exceeding the technical possibilities for connecting to the public electricity distribution network;
Considering the desire of the Guadeloupe region to ensure a harmonious distribution on the territory of Guadeloupe of installations implementing fatal energy with a random character;
Considering the need to submit to the opinion of the Minister for Energy any provision relating to the power of the electricity production facilities, established by the Guadeloupe region within the framework of the aforementioned authorization, in accordance with theArticle 69 of Law No. 2009-594 of 27 May 2009 on the economic development of the above-mentioned overseas territories.
On the report submitted by the president of the regional council and after having deliberated, the regional council of Guadeloupe decides,
In application of theArticle 69 of Law No. 2009-594 of 27 May 2009 for economic development, the above-mentioned overseas, is established a device relating to the characteristics of the electricity production works from the solar energy installed on the ground ("projects for installation on the ground of electricity production from the radiative energy of the sun").
It is derogated, for Guadeloupe, from the legislative provisions relating to the characteristics of the projects on the ground of electricity production from the radiative energy of the sun derived from articles 6-II and 10 of Act No. 2000-108 of 10 February 2000 on the modernization of the public service of electricity.
By derogation from Article 6, § II, andArticle 10 of Act No. 2000-108 of 10 February 2000 relative to the modernization of the public service of electricity, are permitted, in the territory of Guadeloupe, only the installations on the ground of production of electricity from the radiative energy of the sun referred to in the provisions of Article 19 of the decree of 23 April 2008 relating to the technical requirements of design and operation for connection to a public network of distribution of electricity in low voltage or on average voltage of an electrical power plant equal to the production of
Section 3 of this deliberation is not applicable:
(a) To installations on the ground of electricity production from the radiative energy of the sun that were regularly put into service on the day of the coming into force of this deliberation;
(b) To installations on the ground of electricity production from the radiative energy of the sun for which a connection agreement has been duly signed and an authorization for urban planning has been regularly issued, on the day of the coming into force of this deliberation.
Implicit or explicit decisions made under this deliberation shall not open any compensation.
The terms and conditions for the application of this deliberation and the characteristics of the projects on the ground of electricity production from the radiative energy of the sun are specified in deliberation No. CR/2010-1371 of 17 December 2010 relating to the regulation of the regional council of Guadeloupe relating to the characteristics of the installations on the ground of electricity production from the radiative energy of the sun.
The transitional provisions are specified in deliberation No. CR/2010-1371 of 17 December 2010 relating to the regulation of the regional council of Guadeloupe relating to the characteristics of the installations on the ground of electricity production from the radiative energy of the sun.
In accordance with provisions of Article LO 4435-7 of the General Code of Territorial Communities, this deliberation comes into force the day after its publication in the Official Journal of the French Republic.
The President of the Regional Council, the Director General of the Regional Services and, as necessary, the competent authorities of the State are responsible, each with respect to it, for the execution of this deliberation.
Done at Bass-Terre on 17 December 2010.
The Chair of the Regional Council,
V. Lurel
