Decree No. 2012-62 Of January 20, 2012 On Guarantees Of Origin Of Electricity Produced From Renewable Sources Or By Cogeneration

Original Language Title: Décret n° 2012-62 du 20 janvier 2012 relatif aux garanties d'origine de l'électricité produite à partir de sources renouvelables ou par cogénération

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Texts transposed Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and repealing directives 2001/77/EC and 2003/30/EC summary Modification of Decree 2006-1118. Complete transposition of the directive 2009/28/EC of the European Parliament and of the Council on the promotion of the use of energy from renewable sources and amending and repealing directives 2001/77/EC and 2003/30/EC.
Keywords ECONOMY, INDUSTRY, ENERGY, ELECTRIC POWER, ELECTRICITY, SERVICE PUBLIC ELECTRICITY, INSTALLATION OF ELECTRICITY, PRODUCTION, CO-GENERATION, USE, RENEWABLE ENERGY, GUARANTEE, PROOF OF COVERAGE, MANAGER, CONTROL COMPETENT AUTHORITY, DIRECTIVE EUROPEAN, CONVERSION COMPLETE JORF No. 0018 of January 21, 2012 page 1202 text no. 13 Decree No. 2012-62 of January 20, 2012 on guarantees of origin of electricity produced from renewable sources or by cogeneration NOR : ELI EFIR1131256D: http://www.legifrance.gouv.fr/eli/decret/2012/1/20/EFIR1131256D/jo/texte Alias: http://www.legifrance.gouv.fr/eli/decret/2012/1/20/2012-62/jo/texte audiences: producers and energy suppliers, managers of the public electricity networks.
Subject: guarantees of origin of electricity produced from renewable sources or by cogeneration.
Entry into force: the text comes into force the day after its publication.
Notice: the guarantee of origin is the electronic document which proves the end customer that energy was produced from renewable sources or by cogeneration.
This order, made pursuant to order No. 2011-1105 of 14 September 2011, sets the terms of the designation of the body which is responsible to issue guarantees of origin and can, if necessary, proceed to their transfer or their cancellation. It defines the means and obligations of the organization. It sets the system of guarantees of origin as well as the modalities of operation of the register and the rates of access to this service.
References: this order is made for the transposition of directive 2009/28/EC on the promotion of the use of energy produced from renewable sources (available online at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:140:0016:0062:fr:PDF).
The text amended by the present text is searchable, in his version of this change, the site of Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister, on the report of the Minister of ecology, sustainable development, transport and housing and the Minister of economy, finance and industry, given the directive 2004/8/EC of the European Parliament and of the Council of 11 February 2004 on the promotion of cogeneration based on the useful heat demand in the internal energy market and amending directive 92/42/EEC;
Given the directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of electricity produced from renewable energy sources;
Given the code of energy, particularly its articles L. 211 - 2 and L. 314 - 14-L. 314 - 17;
Given order No. 2011 - 1105 of 14 September 2011 with transposition of directives 2009/28/EC and 2009/30/EC of the European Parliament and of the Council of 23 April 2009 in the field of renewable energy and biofuels, particularly article 7.
See Decree No. 2004-388 of 30 April 2004 changed relative to the exercise of the activity of buying electricity for resale to eligible customers and consumers of electricity information obligations of providers;
Considering Decree No. 2006-1118 of September 5, 2006 on guarantees of origin of electricity produced from renewable energy sources or by cogeneration;
Given the opinion of the Supreme Council of energy dated November 22, 2011 and December 20, 2011;
The Council of State (section of public works) heard, decrees: Article 1 more on this article...

The Decree of September 5, 2006 referred to above is amended in accordance with the provisions of sections 2 to 15 of the present Decree.


Article 2 more on this article...

Article 1 is replaced by the following: 'art. 1er.-L' electricity produced from renewable sources or by cogeneration by electricity regularly declared or authorized production facilities can benefit from guarantees of origin, at the request of the producer or buyer of electricity, when electricity is the subject of a purchase contract concluded pursuant to articles L. 121 - 27, L. 311 - 12 and L. 314 - 1 of the code of energy.
"A guarantee of origin is an electronic document used only to prove to the customer that a part or a given quantity of energy was produced from renewable sources or by cogeneration".


Article 3 more on this article...

According to article 1, are inserted two articles 1-1 and 1-2 thus written: 'art. 1 - 1.-L' body provided for in article L. 314 - 14 of the energy code is designated by the Minister responsible energy, after competing and for a period which may not exceed five years.
"The Minister responsible for energy address a notice of public competition to the office for official publications of the European Union for publication in the Official Journal of the European Union.
"The public call for competition has for object the issue, transfer and cancellation of guarantees of origin of electricity produced from renewable sources or by cogeneration, in accordance with the provisions of articles L. 314 - 14-L. 314 - 16 of the code of energy and those of this Decree."
"The notice of public competition:" (1) the purpose of the public call for competition;
"(2) the period covered by the subject of the public;
"(3) the criteria for assessment of applications;
"(4) parts list to be turned over in support of the application;
"(5) the application deadline of applications that must be forty days at least from the date of the notice in the Official Journal of the European Union;
"(6) the terms of delivery of applications;
"(7) the structure according to which tariffs for access to the service, which will include a fixed part and a proportionate share per megawatt hour will be offered guaranteed.
'Art. 1-2.-after reception of the applications, the Minister responsible for energy evaluates the applications according to the following criteria: "(1) the independence of the candidate compared to the production, marketing or energy supply activities;
"(2) the technical and financial capability of the candidate;
"(3) the ability of the candidate to ensure the continuity of the public service and equality of users outside the public service;
"(4) the rates offered by the candidate to ensure the issuance, transfer and cancellation of guarantees of origin.
"After examination of applications, the Minister in charge of energy means by order, after opinion of the High Council of energy, the agency responsible for the benefits provided in this Decree."


Article 4 more on this article...

In article 2, the words: "a guarantee of origin" shall be replaced by the words: "of guarantees of origin.


Article 5 more on this article...

Article 4 is replaced by the following: 'art. 4 - applications for guarantees of origin are addressed to the Agency to ensure delivery of these. ' Article 6 learn more on this article...

Article 5 is replaced by the following: 'art. 5. - when it receives a request for guarantees of origin satisfying the conditions of article 6, the Agency shall issue a number of guarantees of origin equal to the whole number of megawatt hours of electricity produced during the period, with rounded to the next lower whole. The dates of beginning and end of the period of production of electricity for which guarantees of origin may be requested must match dates of records count data stipulated by contracts linking the installation of electricity to the network manager. ' Article 7 learn more on this article...

I. ― I of article 6, the (2) and (3) are replaced by the following: "(2) the name and location of the installation of electricity production;
"(3) the type and the capacity of the installation;".
At the same I, the first sentence of the (9) reads: "(9) the amount of electricity generated during the period covered by the request guarantees of origin '.
The same I is completed by the 10 ° and 11 ° thus written: "(10) the name and contact information of the Manager of the public electricity grid to which the facility has access or service to count when it has such a service;
«(11) the type and the amount of national aid which benefited the facility, including aid to investment or purchase price level and the duration of the contract when the installation is the subject of a contract governed by the provisions of articles L. 121 - 27, L. 311 - 12 and L. 314 - 1 of the code of energy.»

II. — in the third subparagraph of article 6, the words II: 'energy sources from which' shall be replaced by the words: "of the source of energy from which.


Article 8 more on this article...

Article 7 is replaced by the following provisions: 'art. 7 - when the facility in respect of which the application is made is connected to the public electricity network, the body responsible for the issuance of the guarantees of origin has to issue such guarantees, within thirty days from the date of receipt of a request full if installation has already obtained a guarantee of origin; This time limit is extended to 60 days, if it is for the installation of a first application.
«The deadlines prescribed in the preceding paragraph is increased by thirty days when the facility is connected to one network other than the public network of electricity transmission.»
"Each guarantee of origin mentions that she is concerned with electricity and includes at least the date and country of issue, a unique identification number, the nature of the energy source from which the electricity was produced and references for the items contained in the 2 °, 3 °, 4 °, 8 ° and 11 ° of the article I 6.


Article 9 more on this article...

Article 8 is replaced by the following provisions: 'art. 8.-L' body responsible for the issuance of the guarantees of origin registered the guarantees of origin issued on the national register of guarantees of origin provided for in article L. 314 - 14 of the code of energy.
"The register is published on the website of the organization. For each guarantee of origin, the elements of the registry accessible to the public are the following: '— the number identifying the guarantee of origin and the country of issue;
"― the date of its issue;
"— the name and the quality of the applicant;
"— the name and the place installation of electricity and power generation;
"― the source of energy from which the electricity was produced;
"― the dates of beginning and end of the period covered by the request of guarantees of origin;
"— the date on which installation has been put into service;
"— the type and the amount of national aid which benefited the facility, including aid to investment or purchase price level and the duration of the contract when installation is the subject of a contract governed by the provisions of article L. 311 - 12, L. 314 - 1 and L. 121 - 27 of the code of energy;
'article 9 ― where appropriate, mention of the scheduled recording.
"The Agency shall, at least monthly, the update of the register.
"Agency address annually to the Minister responsible for the energy report on guarantees of origin issued in the previous year."


Article 10 more on this article...

After article 8, it is inserted an article 8-1 thus written: 'art. 8-1.-after his deliverance, a guarantee of origin can be transferred. The body responsible for the issuance of guarantees of origin is informed of the transfer; It keeps the names and coordinates of successive holders of a guarantee of origin. ' Article 11 more on this article...

Article 9 is replaced by the following: 'art. 9 - a guarantee of origin can be used by its owner to attest to the renewable source electricity or its production by cogeneration. In this case, the licensee indicated to the agency responsible for issuing guarantees of origin, among securities it holds, those he wishes to use. The body then proceeds with the cancellation of these guarantees of origin by entering their user name and the date of their use on the registry.
"When the owner is a supplier of energy, the guarantee of origin can be used by it in order to demonstrate to its customers the share or the amount of electricity of its commercial offers with a renewable source or produced by cogeneration. In this case, the electricity supplier indicates agency, among the guarantees of origin held, those he wishes to use. The body then proceeds to the cancellation of the guarantees of origin by entering in the register the date of their use. The name of the provider that a guarantee of origin has been cancelled is kept by the body in the part of the registry that is not available to the public.
"Each guarantee of origin may be used once only and cannot be used in the twelve months following the start date of the period covered by the request of guarantees of origin.
"The guarantees of origin must be issued, transferred and cancelled electronically."


Article 12 more on this article...

Article 10 is replaced by the following: 'art. 10. - guarantees of origin issued in other European Union Member States may be used under the conditions laid down in article 9.
"If in doubt about the accuracy, reliability or truthfulness of a guarantee of origin from another Member State of the European Union, the organization responsible for the issuing of guarantees of origin informed the Minister of energy. The Minister responsible for energy shall notify the European Commission refusal to acknowledge these guarantees of origin. ' Article 13 more on this article...

Article 11 is thus changed: i. ― the first paragraph is replaced by the following: "agency by survey the accuracy of items appearing on the records of requests for guarantees of origin he has received. This audit may cover only guarantees of origin issued for less than three years. Controls officers are empowered by the prefects of region in view of their technical and legal knowledge on a proposal from the Agency. The silence maintained by the prefect of the region for more than two months on a request for clearance is the decision of rejection. The clearance is issued for a period of five years. It can be restricted or withdrawn when the conditions in view of which the clearance was issued cease to be met. "II. — in the third subparagraph, the words:"the certificate of guarantee of origin"shall be replaced by the words:"the guarantee of origin.
III. — in the last paragraph, the words: "the certificate" shall be replaced by the words: "guarantee of origin" and the words: "attestation" are replaced by the words: "of a guarantee of origin.


Article 14 more on this article...

After article 11, it is inserted an article 11-1 thus written: 'art. 11 - 1.-A demand of the Organization for execution of its mission of issuing and follow-up of guarantees of origin so that for the verification of the elements appearing in the records of requests for guarantees of origin, each public network manager of electricity the accuracy of items 1 ° to 11 ° referred to in I of article 6 from the data available to them relating to the facility was the subject of requests for guarantees of origin. Public electricity grid managers shall communicate to the Organization the result of their audit, no later than thirty days after the canvass of the body.
"Agency works with every public electricity network manager concerned the terms of the data necessary for the performance of its mission of deliverance, follow-up of the guarantees of origin and checking the items appearing on the records of requests for guarantees of origin." This contract includes the Organization pays managers of public electricity network at the level of costs incurred for provision of this information.
"The body preserves the confidentiality of the information in economic, commercial, industrial, financial or technical whose disclosure would be likely to detract from the competition and non-discrimination rules imposed by the law."


Article 15 more on this article...

Article 12 is replaced by the following: 'art. 12 - the terms and conditions of issuance of the guarantees of origin laid down by this Decree are applicable in non-interconnected areas. ' Article 16 more on this article...

Article 5 of the Decree of April 30, 2004 referred to above is complemented by a well written paragraph: 'IV '. — The amount of energy produced from renewable sources corresponding to guarantees of origin, transferred by a supplier of electricity to a third party is not taken into account in the determination of the distribution of sources of primary energy in the I, II and III of this article. ' Article 17 more on this article...

The Minister of ecology, sustainable development, transport and housing and the Minister of economy, finance and industry are responsible, each which is concerned, of the execution of this Decree, which will be published in the Official Journal of the French Republic.


Made on January 20, 2012.
François Fillon Prime Minister: the Minister of economy, finance and industry, François Baroin the Minister of ecology, sustainable development, transport and housing, Nathalie Kosciusko-Morizet

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