Key Benefits:
Publics concerned: energy producers and suppliers, managers of public electricity networks.
Purpose: Original guarantees of electricity produced from renewable sources or by cogeneration.
Entry into force: the text comes into force on the day after its publication.
Notice: the original guarantee is the electronic document that proves to the end customer that energy has been produced from renewable sources or by cogeneration.
This decree, taken in application of theOrder No. 2011-1105 of September 14, 2011, sets the conditions for the designation of the body that is responsible for issuing the original guarantees and may, if any, transfer or cancellation. It defines the organization's means and obligations. It sets out the original guarantees regime as well as the terms and conditions for keeping the registry and the rates for access to that service.
References: This decree is taken for the transposition of Directive 2009/28/EC on the promotion of the use of energy produced from renewable sources (available online on http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:140:0016:0062:fr:PDF).
The text as amended by this text is available, in its version, on the website 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,
Having regard to Directive 2004/8/EC of the European Parliament and the Council of 11 February 2004 on the promotion of cogeneration on the basis of demand for useful heat in the domestic energy market and amending Directive 92/42/EEC;
Considering the Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of electricity generated from renewable energy sources;
Given the energy code, including articles L. 211-2 and L. 314-14 to L. 314-17;
See?Order No. 2011-1105 of September 14, 2011 transposition of the 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, including its article 7;
Vu le Decree No. 2004-388 of 30 April 2004 modified for the exercise of electricity acquisition activity to resale eligible customers and supplier obligations related to information of electricity consumers;
Vu le Decree No. 2006-1118 of 5 September 2006 relative to the original guarantees of electricity produced from renewable sources or by cogeneration;
Considering the opinion of the Higher Energy Council of 22 November 2011 and 20 December 2011;
The State Council (section of public works) heard,
Decrete:
The above-mentioned decree of 5 September 2006 is amended in accordance with the provisions of articles 2 to 15 of this Decree.
Section 1 is replaced by the following:
"Art. 1st.-The electricity produced from renewable sources or by cogeneration by regularly declared or authorized electricity production facilities may be guaranteed of origin, at the request of the producer or a purchaser of electricity, when the electricity is subject to a purchase contract concluded under articles L. 121-27, L. 311-12 and L. 314-1 of the energy code.
"An original guarantee is an electronic document used only to prove to the end customer that a specified amount of energy has been produced from renewable sources or by cogeneration. »
After Article 1st, two articles 1st-1 and 1st-2 are inserted as follows:
"Art. 1-1.-The body under section L. 314-14 of the Energy Code is designated by the Minister responsible for energy, after competition and for a period not exceeding five years.
"The Minister for Energy shall issue a notice of public appeal to competition at the office of official publications of the European Union for publication in the Official Journal of the European Union.
"The purpose of the public call to competition is to issue, transfer and cancel the original guarantees of electricity produced from renewable sources or by cogeneration, in accordance with the provisions of Articles L. 314-14 to L. 314-16 of the Energy Code and those of this decree.
"The notice of public appeal to competition mentions:
« 1° The purpose of the public appeal to competition;
« 2° The period on which the subject-matter of the public appeal is held;
« 3° Criteria for appreciating applications;
« 4° The list of documents to be submitted in support of the application;
« 5° The deadline for the submission of applications must be set at least forty days from the date the notice was sent to the Official Journal of the European Union;
« 6° Modalities for submission of applications;
« 7° The structure according to which the access to service rates will be offered that will include a fixed share and a proportional share per megawatt hour guaranteed.
"Art. 1-2.-After receiving applications, the Minister for Energy assesses the applications according to the following criteria:
« 1° The candidate's independence from energy production, marketing or supply activities;
« 2° The technical and financial capacities of the candidate;
« 3° The candidate's ability to ensure continuity of public service and equal access to public service;
« 4° The rates proposed by the applicant to ensure the issuance, transfer and cancellation of the original guarantees.
"After reviewing applications, the Minister responsible for Energy shall, after the advice of the Superior Energy Council, designate the agency responsible for the benefits provided for in this Order. »
In Article 2, the words: "an original guarantee" are replaced by the words: "an original guarantee".
Section 4 is replaced by the following:
"Art. 4.-Requests for original guarantees are addressed to the agency responsible for ensuring the issuance of these. »
Section 5 is replaced by the following:
"Art. 5.-When an application for original guarantees meets the requirements of section 6, the organization shall issue a number of original guarantees equal to the entire number of megawatt hours of electricity produced during the period, with rounded to the lower integer. The start and end dates of the electricity generation period for which original guarantees can be requested must correspond to the counting data dates specified by the contracts linking the electricity production facility to the network manager. »
I. ― In I of Article 6, 2° and 3° are replaced by the following:
« 2° The name and location of the electricity production facility;
« 3° The type and installed power of the installation; "
At the same I, the first sentence of the 9th is as follows:
« 9° The amount of electricity produced during the period on which the demand for original guarantees is applied."
The same I is completed by the 10° and 11° as follows:
« 10° The name and contact information of the manager of the public electricity network to which the facility has access or counting service when it has such a service;
« 11° The type and amount of national aids that have benefited the facility, including investment aids or the level of the purchase rate and the duration of the contract when the installation is subject to a purchase contract governed by the provisions of sections L. 121-27, L. 311-12 and L. 314-1 of the energy code. »
II. ― In the third paragraph of Article 6, the words: "the sources of energy from which" are replaced by the words: "the source of energy from which".
Section 7 is replaced by the following provisions:
"Art. 7.-When the installation under which the application is made is connected to the public electricity transport network, the agency responsible for the issuance of the original guarantees shall, in order to issue these guarantees, have a period of thirty days from the date of receipt of a full application if the installation has already obtained a guarantee of origin; This deadline is extended to sixty days, if it is for the first application to be filed.
"The deadlines set out in the previous paragraph are increased by 30 days when the installation is connected to a network other than the public electricity transmission network.
"Each guarantee of origin mentions that it concerns electricity and includes at least the date and the country of emission, a unique identification number, the nature of the energy source from which the electricity was produced and the mentions corresponding to the elements in 2°, 3°, 4°, 8° and 11° of the I of Article 6. »
Section 8 is replaced by the following provisions:
"Art. 8.-The body responsible for the issue of the original guarantees shall include the original guarantees issued on the national register of the original guarantees provided for in Article L. 314-14 of the Energy Code.
"The register is published on the organization's website. For each original warranty, the registry elements accessible to the public are:
"– the number identifying the original warranty and its country of issue;
“– the date of its deliverance;
“– the name and quality of the applicant;
"– the name and place of the electricity production facility and its power;
"—the source of energy from which electricity was produced;
"—the dates of the beginning and end of the period on which the demand for original guarantees was applied;
"—the date the facility was commissioned;
"– the type and amount of national aid that has been provided to the facility, including investment aids or the level of the purchase rate and the duration of the contract when the installation is subject to a purchase contract governed by the provisions of sections L. 311-12, L. 314-1 and L. 121-27 of the energy code;
" — where applicable, the reference to the registration referred to in section 9.
"The organization shall, at least every month, update the registry.
"The organization sends an annual report to the Minister for Energy on the original guarantees issued in the previous year. »
After Article 8, an article 8-1 is inserted as follows:
"Art. 8-1.-An original warranty may, after its issuance, be transferred. The agency responsible for issuing the original guarantees is informed of the transfer; it retains the names and coordinates of the successive holders of an original warranty. »
Section 9 is replaced by the following:
"Art. 9.-An original guarantee may be used by its licensee to attest to the renewable source of electricity or its production by cogeneration. In this case, the licensee shall indicate to the agency responsible for the issue of the original guarantees, among the guarantees it holds, those it wishes to use. The organization then cancels these original guarantees by registering the name of their user and the date of their use.
"When the licensee is an energy supplier, the original warranty may be used by the licensee to demonstrate to its customers the share or quantity of electricity of its commercial offerings with a renewable source or produced by cogeneration. In this case, the electricity provider indicates to the organization, among the original guarantees it holds, the ones it wishes to use. The organization then cancels these original guarantees by registering the date of their use. The name of the supplier whose original warranty has been cancelled is retained by the organization in the portion of the registry not accessible to the public.
"Each original warranty can only be used once and can only be used within 12 months of the start date of the period on which the demand for original guarantees is applied.
"The original guarantees must be issued, transferred and cancelled electronically. »
Section 10 is replaced by the following:
"Art. 10.-The original guarantees issued in other EU Member States may be used under the conditions provided for in Article 9.
"In the event of doubt about the accuracy, reliability or truth of an original guarantee from another EU Member State, the body responsible for the issuance of the original guarantees shall inform the Minister responsible for energy. The Minister for Energy shall notify the European Commission of the refusal to recognize these original guarantees. »
Section 11 is amended as follows:
I. ― The first paragraph is replaced by the following:
"The organization checks on the accuracy of the elements in the original claims files it received. This verification can only cover original warranties issued for less than three years. Control officers are empowered by prefects in the region in view of their technical and legal knowledge on the proposal of the agency. The silence kept by the prefect of the region for more than two months on a request for empowerment is a decision to reject. Enabling is granted for a period of five years. It may be restricted or withdrawn when the conditions under which the authorization was granted cease to be fulfilled. »
II. ― In the third paragraph, the words "the original guarantee certificate" are replaced by the words "the original guarantee".
III. ― In the last paragraph, the words "the attestation" are replaced by the words "the original guarantee" and the words "a certificate" are replaced by the words "an original guarantee".
After Article 11, an article 11-1 is inserted as follows:
"Art. 11-1.-A the organization's request for the execution of its mission for the issuance and monitoring of the original guarantees, as well as for the verification of the elements in the files of applications for original guarantees, each public electricity network manager shall verify the accuracy of the elements 1° to 11° mentioned in I of Article 6 from the data they have regarding the facilities that have been the subject of requests for original guarantees. Public electricity network managers communicate to the organization the results of their audit, no later than 30 days after the organization's solicitation.
"The agency contractualizes with each concerned public electricity network manager the terms and conditions for the transmission of the data required to carry out its mission of issue, monitoring of the original guarantees and verification of the elements contained in the records of applications for original guarantees. In particular, this contract provides that the organization pays public electricity network managers to the costs of providing this information.
"The organization preserves the confidentiality of economic, commercial, industrial, financial or technical information whose communication would affect the rules of competition and non-discrimination imposed by law. »
Section 12 is replaced by the following:
"Art. 12.-The conditions and conditions for the issuance of the guarantees of origin set out in this Decree shall apply in the non-interconnected areas. »
Article 5 of the above-mentioned Decree of 30 April 2004 is supplemented by a paragraph to read:
"IV. ― The amount of energy produced from renewable sources corresponding to the original guarantees transferred by a third party electricity supplier is not taken into account when determining the distribution of the primary energy sources referred to in I, II and III of this section. »
The Minister of Ecology, Sustainable Development, Transport and Housing and the Minister of Economy, Finance and Industry are responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on 20 January 2012.
François Fillon
By the Prime Minister:
Minister of Economy,
finance and industry,
François Baroin
The Minister of Ecology,
Sustainable Development,
Transport and housing,
Nathalie Kosciusko-Morizet
