Key Benefits:
Publics concerned: all public.
Purpose: regulatory part of the energy code.
Entry into force: the text comes into force on the day after its publication.
Notice: the decree codifies the regulatory part of the energy code and amends the provisions applicable to regulated rates of sale of electricity and to the device of energy saving certificates. In particular, it derives the consequences of the removal of regulated rates for the sale of electricity for consumers whose subscribed power is greater than 36 kVA in continental metropolitan France, specifies the rules applicable to the construction of these tariffs by the so-called "cost stacking" method and provides specific modalities for the identification of energy saving certificates issued for operations carried out for the benefit of households in precarious situations.
References: the energy code can be accessed, in its drafting from this amendment, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Ecology, Sustainable Development and Energy,
In light of Directive 2008/92/EC of the European Parliament and the Council of 22 October 2008 establishing a community procedure to ensure transparency of prices to the industrial final consumer of gas and electricity;
Considering Directive 2009/72/EC of the European Parliament and the Council of 13 July 2009 on common rules for the domestic electricity market and repealing Directive 2003/54/EC, including Article 31 and Annex 1;
Having regard to Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 on common rules for the domestic market of natural gas and repealing Directive 2003/55/EC, including its article 31;
Having regard to Directive 2012/27/EU of the European Parliament and the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC, including item 26 of Article 2 and Article 8;
Considering the trade code, including its article L. 410-2;
Considering the construction and housing code, including chapter I of title III and chapter I of title VI of book I;
Considering the energy code, including its articles L. 221-1 to L. 221-12, L. 323-3, L. 337-1 to L. 337-12 and L. 522-1 to L. 522-3;
Considering the environmental code, including its article R. 555-39;
Considering the Labour Code (former);
Having regard to the law of 27 May 1921 approving the programme of the development work of the Rhone, from the Swiss border to the sea, at three points of view of the driving forces, navigation and irrigation and other agricultural uses, and creating the corresponding financial resources, including its article 2;
Considering Act No. 85-30 of 9 January 1985 on mountain development and protection, in particular its article 91;
Having regard to Act No. 2000-321 of 12 April 2000 on the rights of citizens in their relations with the administrations in its drafting resulting from article 1 of Act No. 2013-1005 of 12 November 2013, in particular articles 20 and 21 of the Act;
Considering Act No. 2011-884 of 27 July 2011 on the territorial authorities of Guyana and Martinique;
In light of Order No. 2011-504 of 9 May 2011 on the codification of the legislative part of the Energy Code;
Considering Decree No. 59-771 of 26 June 1959 concerning the organization and operation of the Compagnie nationale du Rhône;
In view of Decree No. 2013-420 of 23 May 2013 deleting administrative committees of an advisory nature and amending Decree No. 2006-672 of 8 June 2006 on the establishment, composition and functioning of administrative committees of an advisory nature, including article 32 of the Decree;
Considering Decree No. 2014-1272 of 23 October 2014 on exceptions to the application of the two-month period of birth of implicit acceptance decisions on the basis of Article II of Law No. 2000-321 of 12 April 2000 on the rights of citizens in their relations with the administrations (Department of Ecology, Sustainable Development and Energy);
In view of Decree No. 2014-1273 of 30 October 2014 on exceptions to the application of the principle "silence is accepted" on the basis of Article 21 of Law No. 2000-321 of 12 April 2000 on the rights of citizens in their relations with the administrations as well as the exceptions to the two-month period of birth of implicit decisions on the basis of Article II (Ministry of Energy, Sustainable Development and of Ecology)
In view of Decree No. 2015-604 of 3 June 2015 on the dissolution and liquidation of the professional fuel distribution committee;
Having regard to the letter of referral of the Guyane Regional Council dated 27 October 2015;
Having regard to the letter of referral from the Departmental Council of Guyana dated 27 October 2015;
Considering the letter of referral from the Regional Council of Guadeloupe dated 27 October 2015;
Considering the letter of referral of the departmental council of Guadeloupe dated 27 October 2015;
Having regard to the letter of referral of the territorial council of Saint-Pierre-et-Miquelon dated 27 October 2015;
Considering the letter of referral from the Martinique Regional Council dated 28 October 2015;
Considering the letter of referral from the Martinique departmental council dated 28 October 2015;
Considering the letter of referral from the Regional Council of La Réunion dated 28 October 2015;
Considering the letter of referral from the departmental council of La Réunion dated 28 October 2015;
Considering the letter of referral from the departmental assembly of Mayotte dated 28 October 2015;
Considering the opinion of the Higher Energy Council of 9 December 2014, 15 September and 12 October 2015;
Considering the opinion of the Superior Codification Commission dated 18 November 2014;
Considering the advice of the National Standards Assessment Board dated 5 November 2015;
Considering the opinion of the Energy Regulatory Commission of 3 December 2015;
Having regard to Opinion No. 15-A-18 of the Autorité de la concurrence dated 14 December 2015;
Considering the Energy Regulatory Commission's proposal of 16 July 2014;
The State Council (section of public works) heard,
Decrete:
The provisions annexed to this decree constitute the provisions of books I, II, III, IV, V, VI and VII of the regulatory part of the energy code under a decree in the Council of State or a simple decree.
The articles identified by a "R" correspond to the provisions of a decree in the Council of State and those identified by a "D" to the provisions of a simple decree.
References to provisions repealed by this decree contained in provisions of a regulatory nature are replaced by references to the corresponding provisions of the energy code.
References, contained in regulatory texts, to articles, parts of articles or paragraphs referred to in section 6 of the above-mentioned order of 9 May 2011 and repealed by the effect of the publication of this Order are replaced by references to the corresponding provisions of the regulatory part of the Energy Code.
The provisions of Books I, II, III, IV, V, VI and VII of the regulatory part of the Energy Code under a decree in the Council of State or a simple decree which mention, without reproducing them, provisions either other codes, or legislative or regulatory texts of the European Union are of full right altered by the effect of subsequent amendments to these provisions.
In article R. 555-39 of the environmental code, it is inserted, after the h, an i as follows:
“(i) In the case of natural and assimilated gas transmission pipes, provide the necessary provisions to ensure that at all exits to the facilities of the non-domestic customers directly connected and to the distribution networks, the gas odors sufficiently characteristic for any leakage to be perceptible, and for the sections of the transport pipelines in which the gas would not be treated to release such a odor, alternative means to ensure that the transport lines are safe This smell must disappear by the complete combustion of the gas. »
Book I of the construction and housing code is thus modified:
1° The title of chapter I of its title III is replaced by the title:
“Chapter I
"Energy performance of buildings and prevention of poisoning by nitrogen monoxide
2° Sections 1.2,3,4 and 6 of the same chapter are replaced by the following:
“Section 1
« Equipment and distribution of heating costs in collective buildings
"Art. R. * 131-1.-The provisions relating to equipment and the distribution of heating costs in collective buildings, whether for primary use of dwelling or for other main use, are set out in subsection 1 of section 2 of Chapter I of Title IV of Book II of the Energy Code.
“Section 2
« Hot water costs in collective buildings
"Art. R. * 131-2.-The provisions relating to hot water costs in collective buildings are set out in subsection 2 of Chapter I, Chapter I, Part IV, of Book II of the Energy Code.
“Section 3
« Regulation of heating facilities
"Art. R. * 131-3.-The provisions relating to the regulation of heating facilities are set out in subsection 3 of chapter I, section 2, title IV, of Book II of the Energy Code.
“Section 4
« Limitation of heating temperature
"Art. R. * 131-4.-The provisions relating to the limitation of heating temperature are set out in sub-section 4 of chapter I, section 2, title IV, of Book II of the Energy Code.
“Section 6
« Cooling of buildings
"Art. R. * 131-29.-The provisions relating to the cooling of buildings are set out in subsection 5 of chapter I, section 2, title IV, of Book II of the Energy Code. » ;
3° Chapter I of its title VI is amended to read:
(a) The first paragraph of section R. * 161-1 is replaced by the following provisions:
“The provisions of articles R. 111-4, R. 111-4-1, R. 111-6 and R. 111-20 to R. 111-22-2 are not applicable in Guadeloupe, Guyana, Martinique, La Réunion and Mayotte. » ;
(b) Section R. * 161-2 is replaced by the following provisions:
"Art. R. * 161-2.-The provisions of this book do not apply to the community of Saint-Pierre-et-Miquelon except sections R. 111-24 to R. 111-28, R. 125-1 to R. 125-2-8, R. 131-19 to R. 131-23, R. 152-1 and R. 152-2. » ;
(c) Section R. * 161-3 is replaced by the following provisions:
"Art. R. * 161-3.-The provisions of articles R. 111-6 and R. 111-20 to R. 111-22 are not applicable to Saint-Martin and Saint-Barthélemy. »
Are repealed:
1° The decree of April 21, 1950 regulating public administration for the application of section 8 of the Act of April 8, 1946;
2° The decree of 13 October 1954 merging the National Superior School of Oil and Liquid Fuels and the National School of Explosive and Combustion Engines;
3° Decree No. 58-367 of 2 April 1958 regulating public administration for the application of Act No. 53-661 of 1 August 1953 on the transport and distribution of electricity and gas;
4° Decree No. 62-1297 of 7 November 1962 on the technical rules of use and the characteristics of petroleum products, with the exception of the last sentence of Article 4;
5° Decree No. 67-886 of 6 October 1967 regulating public administration for the application of the Act of 15 June 1906 on energy distributions and the Act of 16 October 1919 on the use of hydraulic energy, with the exception of its Article 1;
6° Decree No. 70-492 of 11 June 1970 for the application of amended section 35 of the Act of 8 April 1946 concerning the procedure for the declaration of public utility of electricity and gas works which only require the establishment of servitudes and the conditions for the establishment of such servitudes;
7° Decree No. 72-1120 of 14 December 1972 concerning the control and certification of the conformity of inland electrical installations with the regulations and safety standards in force, with the exception of Articles 4 and 5;
8° Decree No. 81-436 of 4 May 1981 on contracts for the operation of heating or air conditioning facilities or referring to such operation;
9° Decree No. 81-542 of 13 May 1981 for the application of titles I, II and III of Act No. 80-531 of 15 July 1980 on energy saving and heat use;
10° Decree No. 87-214 of 25 March 1987 on reserves of force and energy provided for in Article 10 of the Act of 16 October 1919 on the use of hydraulic energy;
11° Decree No. 93-132 of 29 January 1993 establishing the Professional Committee on Strategic Petroleum Stocks;
12° Decree No. 93-161 of 3 February 1993 establishing the conditions under which officials designated by the Minister for Hydrocarbons may be authorized and sworn under Act No. 92-1443 of 31 December 1992 on the reform of the oil regime;
13° Decree No. 93-244 of 23 February 1993 implementing Article 7 of Law No. 92-1443 of 31 December 1992 on the reform of the oil regime;
14° Decree No. 93-279 of 4 March 1993 setting out the modalities for calculating the quantities of crude oil and the capacity for maritime transport for the purposes of Article 6 of Act No. 92-1443 of 31 December 1992 on the reform of the oil regime;
15° Decree No. 93-342 of 9 March 1993 establishing the conditions for the designation and swearing-in of officers appointed by the Minister for Merchant Navy pursuant to section 13 of Act No. 92-1443 of 31 December 1992 on the reform of the oil regime;
16° Decree No. 93-344 of 9 March 1993 on the notification of projects concerning oil installations included in a plant engaged in the refinement of crude oil or petroleum products;
17° Decree No. 93-610 of 26 March 1993 establishing the relationship between the capacity of shipping and the quantities of crude oil as a basis for the obligation under Article 6 of Act No. 92-1443 of 31 December 1992 to reform the oil regime;
18° Decree No. 94-804 of 13 September 1994 on the application of Article 1 of Law No. 93-914 of 19 July 1993 on the transposition of Council Directive 90/377/C. E. of 29 June 1990 establishing a community procedure ensuring transparency of prices to the industrial end consumer of gas and electricity;
19° Decree No. 94-894 of 13 October 1994 on the concession and declaration of public utility of works using hydraulic energy;
20° Decree No. 95-397 of 12 April 1995 on the application of Article 4 of Law No. 93-914 of 19 July 1993 on the transposition of Directive 90/377 EEC of the Council of 29 June 1990 establishing a community procedure ensuring transparency of prices to the industrial end consumer of gas and electricity;
21° Decree No. 95-477 of 27 April 1995 on the interdepartmental commission of hydrocarbon deposits;
22° Decree No. 99-278 of 12 April 1999 on the application of Article 50 of Law No. 98-546 of 2 July 1998 on gas service;
23° Decree No. 2000-381 of 2 May 2000 on the organization and operation of the Energy Control Board;
24° Decree No. 2000-456 of 29 May 2000 on the Eligibility of Electricity Consumers and implementing Article 22 of Act No. 2000-108 of 10 February 2000 on the Modernization and Development of the Public Service of Electricity;
25° Decree No. 2000-874 of 7 September 2000 implementing Act No. 2000-108 of 10 February 2000 on the Modernization and Development of the Public Electricity Service and establishing the conditions for the authorisation and swearing-in of investigators and certain investigative procedures;
26° Decree No. 2000-877 of 7 September 2000 on authorization to operate electricity production facilities;
27° Decree No. 2000-894 of 11 September 2000 on the procedures applicable to the Energy Regulatory Commission;
28° Decree No. 2000-1196 of 6 December 2000 setting by category of installations the power limits of the installations that can benefit from the obligation to purchase electricity;
29° Decree No. 2001-365 of 26 April 2001 on the tariffs for the use of public electricity transmission and distribution networks;
30° Decree No. 2001-366 of 26 April 2001 on the direct lines referred to in Article 24 of Act No. 2000-108 of 10 February 2000 on the modernization and development of the public service of electricity;
31° Decree No. 2001-410 of 10 May 2001 on the conditions for the purchase of electricity produced by producers under the obligation to purchase;
32° Decree No. 2001-630 of 16 July 2001 on the confidentiality of information held by managers of public networks for the transport or distribution of electricity, taken for the purposes of articles 16 and 20 of Act No. 2000-108 of 10 February 2000 on the modernization and development of the public service of electricity;
33° Decree No. 2002-1266 of 16 October 2002 on the remuneration of certain services rendered by the Electricity Regulatory Commission;
34° Decree No. 2002-1267 of 16 October 2002 on the assimilation of a competition fund for expenses of public interest of the proceeds of the remuneration of certain services rendered by the Energy Regulatory Commission;
35° Decree No. 2002-1434 of 4 December 2002 on the tender procedure for electricity production facilities;
36° Decree No. 2003-229 of 13 March 2003 on general technical requirements for design and operation to be met by the facilities for their connection to public distribution networks;
37° Decree No. 2003-302 of 1 April 2003 on the eligibility of natural gas consumers and implementing Article 3 of Law No. 2003-8 of 3 January 2003;
38° Decree No. 2003-588 of 27 June 2003 on general technical requirements for design and operation to be met by the facilities for their connection to the public electricity transport network;
39° Decree No. 2003-619 of 3 July 2003 amending Decree No. 2000-874 of 7 September 2000 establishing the conditions for the empowerment and burial of investigators and certain investigative procedures;
40° Decree No. 2003-885 of 10 September 2003 implementing Article 8 bis of the Act of 8 April 1946 on the nationalization of electricity and gas;
41° Decree No. 2003-1227 of 16 December 2003 on the empowerment of control bodies provided for in Article L. 433-14 of the Energy Code;
42° Decree No. 2004-66 of 14 January 2004 on the Electricity Equalization Fund;
43° Decree No. 2004-183 of 18 February 2004 on the confidentiality of information held by operators operating works for the transport, distribution or storage of natural gas or liquefied natural gas installations;
44° Decree No. 2004-250 of 19 March 2004 on the authorization to supply gas;
45° Decree No. 2004-251 of 19 March 2004 on public service obligations in the gas sector, with the exception of articles 15 and 24;
46° Decree No. 2004-325 of 8 April 2004 on the special pricing of electricity as a product of first necessity;
47° Decree No. 2004-388 of 30 April 2004 on the exercise of electricity purchasing activity for resale to eligible customers and supplier obligations relating to information of electricity consumers;
48° Decree No. 2004-555 of 15 June 2004 on technical requirements for pipelines and connections of gas transport, distribution and storage facilities;
49° Decree No. 2004-764 of 28 July 2004 on the commission established by article 13 of Act No. 2000-108 of 10 February 2000;
50° Decree No. 2004-994 of 21 September 2004 on the tariffs for the use of natural gas transport networks and liquefied natural gas installations;
51° Decree No. 2004-1011 of 21 September 2004 establishing a special hardship allowance for the president and members of the College of the Energy Regulatory Commission;
52° Decree No. 2005-22 of 11 January 2005 on pricing rules for the use of public natural gas distribution networks;
53° Decree No. 2005-63 of 27 January 2005 on rates for the transfer of electricity to non-nationalized distributors;
54° Decree No. 2005-172 of 22 February 2005 on the consistency of the public electricity transport network and setting out the classification of works in public networks;
55° Decree No. 2005-607 of 27 May 2005 on pricing rules applicable to the use of natural gas transport networks;
56° Decree No. 2005-877 of 29 July 2005 on exemptions for access to certain gas infrastructure, the exception of the last paragraph of section 4 and, in the last paragraph of section 8, of the phrase: "The Minister for Energy shall take action under the conditions set out in sections 3 and 4";
57° Decree No. 2005-1481 of 25 November 2005 providing for measures guaranteeing the professional interests of persons performing executive functions in the company manager of the electricity transmission network;
58° Decree No. 2005-1616 of 20 December 2005 on pricing rules for the use of liquefied natural gas installations;
59° Decree No. 2006-366 of 27 March 2006 on the composition and functioning of the Superior Council of Energy;
60° Decree No. 2006-604 of 23 May 2006 on the holding of the national register of energy saving certificates;
61° Decree No. 2006-797 of 6 July 2006 on the statutes of the French Petroleum Institute;
62° Decree No. 2006-1034 of 21 August 2006 on access to underground storage of natural gas;
63° Decree No. 2006-1118 of 5 September 2006 on the guarantees of origin of electricity produced from renewable sources or by cogeneration;
64° Decree No. 2006-1170 of 20 September 2006 on multi-year forecast balances between supply and demand for electricity;
65° Decree No. 2007-684 of 4 May 2007 on the accreditation of gas distributors by public networks;
66° Decree No. 2007-1280 of 28 August 2007 on the consistency of branching and extension of connections to public electricity networks;
67° Decree No. 2007-1504 of 19 October 2007 on the National Mediator of Energy;
68° Decree No. 2007-1790 of 20 December 2007 establishing a specific action of the State to the capital of Gaz de France SA, with the exception of its article 1st;
69° Decree No. 2007-1826 of 24 December 2007 on quality levels and technical requirements for the quality of public electricity distribution and transport networks;
70° Decree No. 2008-343 of 14 April 2008 on the holidays allocated to certain members of the College and to the members of the Dispute Settlement and Sanctions Committee of the Energy Regulatory Commission;
71° Decree No. 2008-386 of 23 April 2008 on general technical requirements for design and operation for the connection of production facilities to public electricity grids;
72° Decree No. 2008-502 of 28 May 2008 on the method of designation of the members of the commission established by Article 10 of the Act of 9 August 2004 on the public service of electricity and gas and on electrical and gas enterprises;
73° Decree No. 2008-740 of 28 July 2008 on the development of the gas service and the extension of public natural gas distribution networks;
74° Decree No. 2008-778 of 13 August 2008 on the provision of natural gas at the special rate of solidarity;
75° Decree No. 2009-975 of 12 August 2009 on regulated rates for the sale of electricity;
76° Decree No. 2009-1342 of 29 October 2009 on the conditions for the purchase of electricity produced from biomass from the sugar cane by producers under the obligation to purchase in overseas departments and Mayotte;
77° Decree No. 2009-1603 of 18 December 2009 on regulated rates of sale of natural gas;
78° Decree No. 2010-1022 of 31 August 2010 on counting devices on public electricity grids pursuant to Article 4 of Law No. 2000-108 of 10 February 2000 on the modernization and development of the public electricity service;
79° Decree No. 2010-1663 of 29 December 2010 on energy saving obligations under the energy saving certificate system;
80° Decree No. 2010-1664 of 29 December 2010 on Energy Savings Certificates, with the exception of I and the fourth paragraph of Article 5 of II;
81° Decree No. 2011-466 of 28 April 2011 laying down the modalities for regular access to historical nuclear electricity, with the exception of the last paragraph of Article 3 and the first sentence of the fifth paragraph of I and the last sentence of Article 9, paragraph II;
82° Decree No. 2011-554 of 20 May 2011 taken for the application of Article 4-1 of Act No. 2000-108 of 10 February 2000 on the counting of the rights of access regulated to the historical nuclear electricity of the shareholders of the registered capital companies that have for business the acquisition of long-term electricity supply contracts, referred to in Article 238 bis HV of the General Tax Code;
83° Decree No. 2011-1468 of 9 November 2011 adopted for the application of the Order transposing Directives 2009/28/EC and 2009/30/EC of the European Parliament and the Council of 23 April 2009 in the field of renewable energy and biofuels;
84° Decree No. 2011-1478 of 9 November 2011 relating, inter alia, to the certification of the network manager for the transport of electricity or natural gas and to the appointment and revocation of the members of his council or management;
85° Decree No. 2011-1594 of 21 November 2011 on the conditions of sale of biomethane to natural gas suppliers;
86° Decree No. 2011-1596 of 21 November 2011 on the original guarantees of biomethane injected into natural gas networks;
87° Decree No. 2011-1597 of 21 November 2011 on the terms of contracting between biomethane producers and natural gas suppliers;
88° Decree No. 2011-1697 of 1 December 2011 on the works of public electricity networks and other electricity networks and the monitoring and control of electromagnetic waves;
89° Decree No. 2011-1984 of 28 December 2011 on the adjustment of the power subscribed to the heat network subscription contracts;
90° Decree No. 2012-38 of 10 January 2012 laying down the scale of allowances due in the event of exceeding the deadlines for the termination or realization of the connection of electricity production facilities from renewable energy sources of a power of less than or equal to three kilovoltampers;
91° Decree No. 2012-150 of 30 January 2012 on the right of access of distribution network managers to natural gas distribution networks;
92° Decree No. 2012-533 of 20 April 2012 on regional schemes for connection to the renewable energy network, provided for in Article L. 321-7 of the Energy Code;
93° Decree No. 2012-615 of 2 May 2012 on the security, authorization and public utility of pipelines for the transport of gases, hydrocarbons and chemicals, with the exception of Article 6, II, III, IV and V;
94° Decree No. 2012-1405 of 14 December 2012 on the contribution of suppliers to the security of electricity supply and establishing a capacity-building mechanism in the electricity sector, with the exception of:
(a) In the last sentence of Article 4 II, words: "approved by the Energy Control Board";
(b) In the V of Article 9, words: "approved by the Energy Control Board";
(c) From the last sentence of Article 11 IV;
95° Decree No. 2013-972 of 30 October 2013 on the definition of the sites of companies entering the category of gas-intensive consumers provided for in Article L. 461-1 of the Energy Code;
96° Decree No. 2013-1121 of 4 December 2013 on the thresholds beyond which a legal entity conducts an energy audit;
97° Decree No. 2013-1314 of 27 December 2013 regulating the prices of petroleum products and the operation of wholesale markets for the distribution of these products in the departments of Guadeloupe, Guyana and Martinique;
98° Decree No. 2013-1315 of 27 December 2013 regulating the prices of petroleum products and the operation of wholesale markets for the distribution of these products in the department of La Réunion;
99° Decree No. 2013-1316 of 27 December 2013 regulating the prices of petroleum products and the operation of wholesale markets for the distribution of these products in the Department of Mayotte;
100° Decree No. 2014-764 of 3 July 2014 on the suppression of electricity consumption;
101° Articles 1 to 15 and 17 to 19 of Decree No. 2014-1668 of 29 December 2014 relating to the obligations of the third period of the device of energy saving certificates;
102° Decree No. 2014-1672 of 30 December 2014 establishing assistance for the acquisition and rental of low-pollutant vehicles, except for its Article 4;
103° Decree No. 2015-206 of 24 February 2015 on the dispute resolution and sanctions committee of the Energy Regulation Commission;
104° Decree No. 2015-1442 of 6 November 2015 on the assessment of the energy efficiency potential of electricity grids and gas infrastructure;
105° Articles R. 713-1 to R. 713-9 and R. 713-12 of the Labour Code (former).
The Schedule to Decree No. 2014-1272 of 23 October 2014 on exceptions to the application of the two-month period of birth of implicit acceptance decisions on the basis of Article II of Act No. 2000-321 of 12 April 2000 on the rights of citizens in their relations with administrations (Department of Ecology, Sustainable Development and Energy) is amended as follows:
1° In the section: "Energy Code", in the column: " Applicable Provisions", the line: "L. 433-14" is deleted;
2° Sections: "Decree No. 2000-877 of 7 September 2000 on the authorization to operate electricity production facilities", "Decree No. 2001-410 of 10 May 2001 on the terms and conditions for the purchase of electricity produced by producers under the obligation to purchase", "Decree No. 2003-1227 of 16 December 2003 on the empowerment of energy control bodies under Article L. 433-14
The annex to Decree No. 2014-1273 of 30 October 2014 on exceptions to the application of the principle "silence is accepted" on the basis of 4° of I of Article 21 of Law No. 2000-321 of 12 April 2000 on the rights of citizens in their relations with the administrations as well as the exceptions to the two-month period of birth of implicit decisions on the basis of the II of this article (Department of Ecology, Sustainable Development)
1° The entire section "Energy Code" is deleted;
2° The headings "Decree No. 62-1297 of 7 November 1962 on the technical rules of use and the characteristics of petroleum products" and "Decree No. 2000-877 of 7 September 2000 on the authorization to operate electricity production facilities" are deleted.
Article 7 of Decree No. 59-771 of 26 June 1959 concerning the organization and operation of the Compagnie nationale du Rhône is replaced by the following provisions:
"Art. 7.-Energy reserves for agricultural users provided for in the fourth paragraph of Article 2 of the Act of 27 May 1921 referred to above shall be made available to beneficiaries in the manner provided for in the first paragraph of Article R. 522-3 of the Energy Code. Their amount is fixed by decree of ministers responsible for the economy and energy. »
The Minister of Ecology, Sustainable Development and Energy is responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
Annex
The competent authority to approve and designate, under section L. 111-2, a power or gas transmission network manager is the Minister responsible for energy.
The application for certification under Article L. 111-3 is addressed to the Energy Control Board. It is accompanied by a record whose composition is different depending on whether the company falls under Article L. 111-8 or Article L. 111-9.
The Energy Control Board has a period of four months, from the date of receipt of the application, to prepare a draft decision either to grant or to refuse certification. In the absence of a draft decision within this time frame, the Energy Control Board is deemed to have made a draft decision to grant certification.
It promptly notifies its draft decision to the European Commission or informs the intervention of a draft tacit certification decision. It includes all information relevant to the review of the project by the European Commission.
Pursuant to Article 3 of Regulation (EC) No 714/2009 of the European Parliament and of the Council of 13 July 2009 on the conditions of access to the network for cross-border exchanges of electricity and repealing Regulation (EC) No 1228/2003 and Article 3 of Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on the conditions of access to the electricity grid
The deadline for the European Commission to render its opinion is extended to four months if the European Commission decides to refer the Energy Regulators Cooperation Agency for its opinion. In this case, the Energy Control Board shall notify the applicant company of the extension of the deadline.
In the absence of a notice within the time limit provided for either the first or the second paragraph, the European Commission is deemed not to have raised any objection to the draft decision of the Energy Control Commission.
The date of notification of the opinion of the European Commission or, if not, the date on which its tacit opinion intervened, is communicated to the applicant company by the Energy Regulatory Commission.
Within two months of receiving the opinion of the European Commission or the intervention of a tacit notice, the Energy Control Board shall make a decision regarding the certification of the applicant company.
This decision and, if applicable, the opinion of the European Commission is notified to the applicant company and published simultaneously in the Official Journal of the French Republic.
If no decision is made within the time limit mentioned in the first paragraph, the application for certification shall be deemed to be rejected.
In the case provided for in Article L. 111-5, the transport network manager shall, without delay, enter the Energy Control Board of a new certification application. The existing certification remains in effect until a new decision of the Energy Control Board is taken.
In the case provided for in section L. 111-6, the company wishing to exercise the managerial activity of a transport network shall apply to the same commission for certification.
In both cases, the Energy Regulation Commission shall promptly notify the European Commission. The application shall be submitted and considered in accordance with the procedure provided for in articles R. 111-2 to R. 111-5. However, in the absence of a draft decision issued by the Energy Control Board within the period referred to in R. 111-3, the draft decision is deemed to be unfavourable to certification. The Energy Regulatory Commission is required to reject the application for certification if it has not been demonstrated that the company complies with the obligations set out in articles L.111-2 to L.111-50 and that the granting of certification would not be prejudicial to the agreements entered into nationally or by the European Union with the third country concerned, to the security of supply of France or the European Union.
In addition, the applicant company also advises, without delay, the Minister for Energy. Without prejudice to the implementation of Article L. 151-3 of the monetary and financial code, the latter may object, for the reasons mentioned in Article L. 111-5, to the certification, by a reasoned decision addressed to the Energy Regulatory Commission and notified to the applicant company.
The Energy Control Board ensures that the obligations resulting from articles L.111-2 to L.111-50 are consistently respected by transport network management companies.
The Energy Control Board and the European Commission may, at any time, apply to the transport network manager company and, where appropriate, to the other vertically integrated company of electricity or gas defined in Article L. 111-10, to which the transport network manager belongs, the communication of information useful to the fulfilment of their respective missions.
For the purposes of the second paragraph of Article L. 111-17, the Energy Control Board shall have a period of two months to approve services under the exception mentioned in the first paragraph of Article L. 111-18. Beyond this period, the application for approval is deemed to be rejected.
The Energy Control Board shall conduct a review of the certification, either at the motivated request of the European Commission, or at its own initiative or after the transport network management company has notified the Commission of the occurrence of events that may affect the rules set out in sections L.111-2 to L.111-50.
The Energy Control Board shall notify the initiation of a review procedure to the transport network manager. It requests the State party to file, within two months, the record set out in R. 111-2 and to initiate the review of the certification in accordance with the procedure set out in R. 111-2 to R. 111-5.
At the end of the consultation of the European Commission, as provided for in article R. 111-4, if the Energy Regulatory Commission does not have a grievance to formulate against the transport network manager company in respect of the obligations set out in articles L.111-2 to L.111-50, it confirms, by decision published in the Official Journal of the French Republic, the validity of the certification. If no decision is made within the two-month period referred to in the first paragraph of section R. 111-5, the certification shall be deemed to be confirmed.
At the end of the consultation of the European Commission, as referred to in Article R. 111-4, if the Energy Regulatory Commission finds that the transport network manager company does not comply with the obligations set out in Articles L. 111-2 to L. 111-50, it shall, within the two-month period referred to in the first paragraph of Article R. 111-5, establish the company to comply, within a time limit that it considers.
In the absence of the transport network manager company to comply with this stipulation, the Energy Control Board shall notify it of the initiation of a certification repeal procedure. It invites the company to submit, within two months, its written comments accompanied by any relevant documentation. The company can also ask to be heard by the Energy Control Board, assisted by the people of its choice.
At the end of the procedure, if the Energy Control Board proceeds with the repeal of the certification, it shall notify the transport network manager of its decision and implement the procedure provided for in Article L. 134-30. She has previously notified the Minister for Energy and the European Commission.
The appointing authority shall send to the Energy Regulation Commission a list of the terms of reference of the members of the board of directors or supervisors who belong to the minority of the board, as defined in section L. 111-25.
Prior to any decision regarding the appointment or renewal of the term of office of a person belonging to the minority of the board of directors or supervisors, the authority vested with the appointing authority of the person concerned shall address to the Energy Control Board the information referred to in section L.111-25. It includes a detailed description of the functions occupied by that person during the three years preceding the proposed appointment or renewal.
Prior to any decision regarding the revocation of the term of office of a person belonging to the board of directors or supervisors, the authority vested with the revocation authority shall give the Energy Control Board the reasons for its proposal to revoke. The authority concerned shall notify the interested party of this referral and send a copy to the Minister responsible for energy
The Energy Control Board has a three-week period, from the date of receipt, to approve the proposal for appointment, reappointment or revocation or to oppose it. It notifies its reasoned decision to the authority concerned. If there is no decision within this time limit, the proposal is deemed to be approved.
Each company that manages a power or gas transmission network shall, for approval, address to the Energy Control Board the lists of executive positions referred to in Article L. 111-30 II, and any subsequent changes to these lists.
Prerequisitely to any decision regarding the appointment or reappointment of a person member of the general direction or the board of the transport network manager, the board of directors or the supervisory board shall address to the Energy Control Board the information referred to in section L. 111-29. The board shall attach a detailed description of the functions occupied by the person concerned, either during the three years or during the six months preceding the proposal for appointment or reappointment, whether or not that person belongs to the majority of the leaders as defined in Article L. 111-30 II.
Prior to any decision to revoke the same persons, the board of directors or the supervisory board shall address to the Energy Control Board the reasons for its decision proposal. He shall notify the interested party of this referral and send a copy to the Minister responsible for energy
The Energy Control Board has a three-week period, from the date of receipt, to approve the proposal for appointment, reappointment or revocation or to oppose it. It notifies its reasoned decision to the authority concerned. If there is no decision within the time limit, the proposal is deemed to be approved.
Prerequisitely to its conclusion, the draft contract of the conformity officer referred to in Article L. 111-34 is sent for approval to the Energy Regulatory Commission by the board of directors or the supervisory board of the company electrical or gas transport network manager. It is accompanied, if it is a natural person, of a detailed description of the functions occupied by the person concerned for a period of three years prior to his or her appointment and, in any case, of all useful information so that the Energy Control Board can verify the professional skills and independence of the person concerned.
Any draft denunciation or modification of the contract linking the transport network manager company and the compliance officer is subject to approval by the Energy Control Board. The application for approval of the denunciation of the contract is motivated.
During the duration of the contract, the Energy Control Board controls the compliance by the compliance officer of the obligations set out in Article L. 111-38.
In the event of a breach, on the part of the conformity officer, of the obligations referred to in the preceding paragraph or in the event of manifest failure in the performance of the duties assigned to it by sections L. 111-34 and L. 111-35, the Energy Control Board, after allowing the conformity officer to submit its written or oral representations, may, by reasoned decision, require the board of supervision
The Chairman of the Electricity Transport Network Management Company is appointed after agreement by the Minister responsible for Energy.
The other governance rules specific to this society are contained in its statutes.
For the determination of the remuneration of the members of the executive board, the provisions of Article 3 of Decree No. 53-707 of 9 August 1953 concerning the control of the State on national public enterprises and certain organizations having an object of economic or social order are applied.
Members of the board who exercise effective functions in the company manager of the electricity transmission network retain their contract of work with the company. If they do not exercise such functions, the contract of work is suspended from the date of their appointment as a member of the board and they retain, as appropriate, their rights to seniority and advancement and all the benefits provided by Decree No. 46-1541 of 22 June 1946, as amended, approving the national status of the personnel of the electric and gas industries. Their contract re-produces its effects when they stop acting as a director.
Prerequisitely to its conclusion, the draft contract of the conformity officer referred to in Article L. 111-62 is sent for approval to the Energy Regulatory Commission by the Director General or by the company manager of the public electricity or gas distribution network. It is accompanied by all relevant information so that the Commission can verify the professional skills and independence of the person concerned.
Any draft denunciation or modification of the contract linking the company manager of the public distribution network and the person responsible for compliance is subject to approval by the Energy Control Board. The application for approval of the denunciation of the contract is motivated.
Persons who provide the general direction of network managers, referred to in Article L. 111-66, may not be revoked without prior reasoned notice from the Energy Control Board. After a period of fifteen days from the date of its referral, the opinion of the Energy Control Board is deemed given.
The specific action available to it to the capital of the enterprise coming to the rights of GDF-Suez confers on the State the rights defined in article D. 111-21 under the conditions, in particular of time and advertising, fixed by Decree No. 93-1296 of 13 December 1993 taken for the application of article 10 of Act No. 86-912 on the modalities of privatization and concerning certain rights attached to specific action
If the Minister considers this decision to be contrary to the essential interests of France in the field of energy, in particular to the continuity and security of supply, the Minister responsible for the economy may object, by order, to any decision of the company coming to the rights of GDF Suez, or any company coming to the rights of the latter, and its subsidiaries of French law, whose purpose, directly or indirectly, is to transfer it to any form of destination
1° Natural gas pipelines located in the national territory;
2° Assets related to the distribution of natural gas in the national territory;
3° Underground storage of natural gas located in the national territory;
4° Liquefied natural gas facilities located in the national territory.
When considering making any of these decisions, the company referred to in this section is required to notify the Minister responsible for the economy. The proposed decision is deemed to be authorized if the decision did not object to it within one month of the declaration, made by the company and found by a receipt issued by the administration. This period may be extended for a period of fifteen days by order of the Minister responsible for the economy.
The Minister responsible for the economy, before the expiry of the period set out in the preceding paragraph, may waive the exercise of his right of opposition.
In the event of opposition, the Minister responsible for the economy shall communicate the reasons for his decision to the corporation concerned.
An employee of the company manager of the public electricity transmission network who wishes to carry out other activities in the electricity sector must inform the president of the board or the director general of the company manager in writing.
If the applicant finds that the applicant agent has had to know, in the course of his or her duties, information whose confidentiality must be maintained pursuant to sections R. 111-26 to R. 111-30, the applicant shall, within fifteen days, have before it the commission established by section L. 111-74 and shall inform the interested party of the referral.
The Commission shall render, under the conditions provided for in section R. 111-25, a notice on the compatibility of the planned activity with the functions previously performed by the interested party and, where applicable, on the duration of an incompatibility.
In the event that an officer has filed, in accordance with the rules set out in Decree No. 46-1541 of 22 June 1946, which approves the national status of the personnel of the electrical and gas industries, an application for transfer within the branch of the electrical and gas industries, the application shall take place in the information provided for in the first paragraph of this Article.
The commission established by Article L. 111-74 is presided over by a judicial officer and includes, in addition, a member of the Energy Regulatory Commission, a representative of the employees of the manager of the public electricity transport network, a representative of the president of the board or the general manager of the public electricity transport network and a qualified personality because of his energy, economic and social skills.
Members of the commission established by section L. 111-74 shall be appointed for three years by order of the Minister for Energy:
1° The President, on the proposal of the first president of the Court of Cassation;
2° The member of the Energy Regulatory Commission, on the proposal of this Commission;
3° The representative of the employees of the manager of the public electricity transport network, on a joint proposal of the representative trade union organizations, or, in the absence of agreement between them, of the majority of organizations having gathered together the majority of votes in the last elections of the representatives of the person. In the absence of a proposal from trade union organizations, the seat is not provided.
Alternate members are appointed under the same conditions.
The mandate of the members of the commission is renewable.
In the event of a vacancy or where a member, holder or alternate, loses the quality for which he or she has been appointed, the appointment of a new member under the same conditions shall be made for the duration of the remaining term.
The commission is only validly deliberated if at least three members are present. In case of equal sharing of votes, the President's voice is preponderant.
The Commission's secretariat is provided by the Public Electricity Network Manager.
The commission shall hear the employee at the request of the employee or of his or her own initiative.
It may collect the information it deems necessary from the services and branches in which it has exercised its functions in previous years and from the company in which it wishes to perform functions in the future.
Within one month from the date of its referral, the Commission shall give notice to the Chairman of the Director General or to the Director General who shall notify the person concerned. The Commission's lack of advice within this time frame is an agreement on the compatibility of the activity planned by the interested party with its previous functions.
The Chairman of the Executive Board or the Director General of the Public Electricity Network Manager informs the Commission of the follow-ups given in his opinion.
The information that must be kept confidential by managers of public networks for the carriage or distribution of electricity pursuant to articles L. 111-72 and L. 111-73 are:
1° The provisions of contracts and protocols for access to public transport or distribution networks referred to in sections L. 111-91 and L. 111-92, as well as information exchanged for their preparation and application, relating to the identity of the parties to a supply contract, to the transaction prices of electricity, to the financial data relating to the balance of transactions, to the characteristics of production, supply or consumption, to the duration of contracts
2° The call, supply and consumption programs referred to in section L. 321-9, the call program adjustment proposals referred to in section L. 321-10, the changes made by the public transportation network manager to these call programs pursuant to sections L. 321-10 and L. 321-11, as well as any information exchanged between the managers of the networks concerned and the users of these networks for the purpose of putting these networks together
3° The provisions of the contracts and protocols for the purchase of electricity entered into by the manager of the public transport network referred to in Article L. 321-11 and L. 321-12, as well as the information exchanged for their preparation and application, relating to the transaction prices of electricity, the financial data relating to the balance of transactions, the characteristics of production or supply, the duration of contracts and protocols of purchase, the penalties
4° Information relating to recorded power, consumed or produced energy volumes and the quality of electricity, from the counts mentioned in articles L. 321-14 and L. 322-8 or from any other physical measures carried out by the managers of the networks concerned on the connecting structures and installations of a user of these networks;
5° The levels of deviations from the call, supply and consumption programs, as well as the amounts of the financial compensation requested or allocated by the manager of the public transportation network to the affected users, referred to in Article L. 321-14;
6° Information from 1° to 5° of this article transmitted by other managers of public transport or distribution networks or by managers of foreign networks, for the purpose of carrying out their missions.
Managers of public transportation or distribution networks are allowed to communicate to a network user any information relating to their own activity, since this communication is not likely to infringe the rules of free and fair competition by revealing information referred to in section R. 111-26 and related to the activity of other users.
Any user of public transportation or distribution networks may authorize a public network manager to communicate directly to a third party or authorize that third party to request the network manager and to receive directly information referred to in R. 111-26 and related to the user's own activity, to the extent that this communication is not likely to infringe the rules of free and fair competition by revealing information referred to in R. 111-26 and related to other users.
Managers of public distribution networks are authorized to communicate to any supplier who has entered into with a final customer, for a consumer site, a contract covering both the supply of electrical energy and access to public distribution networks, and guaranteeing an express authorization from the customer:
1° The available history of subscribed powers and consumption data on this site of domestic customers;
2° The available history of subscribed powers and consumer data on this customer's website, if it is not a domestic customer.
Managers of public electricity networks and, where applicable, third parties designated under section R. 271-3 are authorized to communicate to erase operators, for sites for which they declare that they have a final consumer agreement for this purpose, all the data required for the identification, accounting and certification of consumer effacements on these sites.
When the information referred to in the 4th of Article R. 111-26 relating to a user's activities makes it possible to better appreciate the cost of a connection and the period in which it can be made, the network manager may, with the agreement of that user, communicate it to the connection applicant if the user undertakes to preserve its confidentiality.
The request for information from a connecting applicant is deemed to be rejected due to a network manager's failure to respond within three months of receipt.
The Energy Control Board may have this implicit decision.
Managers of public transport or distribution networks are authorized to communicate to third parties and to publish information referred to in article R. 111-26, in an aggregate form that respects statistical secrecy, and does not infringe the rules of free and fair competition, where this publication is likely to ensure the proper execution of their missions or to report on such execution.
The manager of the public transportation network and the managers of public distribution networks are allowed to exchange with each other, as well as with the management services of foreign networks, any information referred to in R. 111-26, where the communication of this information is necessary for the proper performance of their respective missions.
The provisions of section R. 111-26 do not apply to the communication of information when it is made mandatory for the application of the legislative and regulatory provisions or is necessary for the proper performance of the duties of the management services of the public transportation or distribution networks, in particular for the implementation of the necessary protection measures in the event of a serious and immediate threat to the security of persons and goods or for the safety and security of public transportation networks.
The information to be impaired by the rules of fair competition whose confidentiality must be preserved by the gas operators mentioned in Article L. 111-77 are:
1° The provisions of contracts and protocols relating to access to works or facilities, including those providing auxiliary services, use of storage, transit or purchases for the balancing of networks, as well as information exchanged for the preparation and application of such contracts and protocols, relating to the identity of the parties, the prices of benefits, the characteristics of the supply, the duration and the conditions of change or
2° Information on the quantities delivered from the counts, pressure measures downstream of the delivery station, flow measurements, or any other physical measurements carried out by the gas operator on the connection structures or installations of a user of these works or installations.
The confidentiality obligations mentioned above also apply to information transmitted by the gas operators who operate works or facilities abroad.
Gas operators are allowed to communicate to any user of their works or facilities any information relating to their activity, since this communication is not likely to infringe the rules of fair competition by revealing the information referred to in article R. 111-31 and related to the activity of other users.
Any user of works or installations may authorize gas operators to communicate directly to third parties information relating to their activity, as this communication is not likely to infringe the rules of fair competition by revealing information referred to in Article R. 111-31.
Gas operators are allowed to communicate to third parties and to publish aggregate information from those mentioned in article R. 111-31, where this publication is likely to ensure the proper execution of their missions or to report thereon, provided that this information does not allow for the reconstituting of the basic data used and does not affect the rules of fair competition.
Gas operators are allowed to exchange with each other and with foreign gas operators any information referred to in article R. 111-31, when this communication is necessary for the proper performance of their respective missions.
The provisions of section R. 111-31 do not apply to the provision of information necessary for the proper operation of works or facilities and storage, for the implementation of protective measures that are required in the event of a threat to the security of persons and property or for the safety of works or facilities and storages, as well as in the case of the implementation of the precautionary measures provided for in section L. 143-6.
For the purposes of sections D. 111-39 to D. 111-42, the manager of a public natural gas distribution network not directly connected to the transport network is considered as a second-tier distribution network manager, even if the upstream distribution network is managed by the same operator.
The upstream distribution network manager directly connected to the transport network is viewed as a senior distribution network manager.
By extension, a distribution network manager connected to a distribution network that is not directly connected to the transport network is considered to be a "tier N + 1" distribution network manager, N being the rank of the distribution network to which it is connected.
Network managers defined in the III of Article L. 2224-31 of the General Code of Territorial Communities, and referred to in Article L. 111-99, have a right of access to natural gas distribution networks under conditions defined by contract with the operators who operate them. When both operators are not separate legal entities, protocols regulate their relationships.
These contracts or protocols are transmitted to the Energy Regulation Commission upon request.
When a natural gas distribution authority initiates a call for applications for the service of one or more natural gas communes pursuant to Article III L. 2224-31 of the general code of territorial authorities and that this service requires the connection of the future distribution network to a pre-existing distribution network, the manager of this distribution network shall, at the request of the candidates, carry out the technical and financial study of this connection.
He refrains from any discrimination between candidates, especially when he and one of the candidates are not separate legal persons.
At the end of the call for applications, the pre-existing distribution network manager shall, at the request of the successful candidate, establish a technical and financial proposal for the connection of the future distribution network to its own network, based on the final characteristics of the service defined between the natural gas distribution authority and the candidate. This proposal, referred to as a "service diagram", specifically the nature and amount of investments strictly necessary for connection, as well as the tariff conditions for use of the upstream distribution network. The access costs to the upstream distribution network are deferred to in the contract or protocol referred to in Article D. 111-39.
The provisions of this section, insofar as they relate to the technical and financial study of the connection of a future distribution network, as well as the possible technical and financial proposal for this connection, also apply where the natural gas distribution authority envisages establishing a regulatory authority to operate the natural gas distribution service.
The first-tier distribution network manager shall make available to the second-tier distribution network manager, upon request, the documents to attest to the conformity of the natural gas odorization distributed to the standards in force at the entry of the first-tier distribution network and, where applicable, to the points of connection of the biomethane production facilities injected into the first-tier distribution network.
Where applicable, the second-tier distribution network manager shall make available to the first-tier distribution network manager, at his request, the documents to attest to the conformity of natural gas odorization distributed to the standards in force, pursuant to section R. 121-59, at the points of connection of biomethane production facilities injected into the second-tier distribution network.
The documents mentioned in the preceding two paragraphs are annexed to the contract referred to in Article D. 111-39.
The provisions of this section, which apply respectively to the manager of a first-tier distribution network and to the manager of a second-tier distribution network, apply equally to the manager of a "tier N" distribution network and to the manager of a "tier N" distribution network.
In accordance with the provisions of Article L. 134-2, the Energy Control Board shall specify, as appropriate, the rules governing access to distribution networks under this subsection.
The operator of a liquefied natural gas installation or storage of natural gas or of an interconnection work with a natural gas transport network located in the territory of another Member State of the European Union which, on the occasion of the construction or modification of this facility or work, wishes to benefit, pursuant to Article L. 111-109, of a total or partial derogation in that respect
The application for derogation, written in French, must be accompanied by a file in three copies including:
1° The identity of the applicant, its name, its statutes, the composition of its shareholding, the documents attesting to its registration in the register of trade and companies, the extract of the K bis register or the equivalent documents, the quality of the signatory of the application and the evidence that the installation or work belongs to a person distinct from the infrastructure managers to which it will be connected;
2° The precise description of the installation or work including:
(a) Its technical and economic characteristics;
(b) Its current operating procedures and those envisaged, in particular justifying that rights are collected from users;
(c) In the case of the modification of an existing facility or work, access contracts and existing pricing or marketing principles, as well as the list of users on the date of application and the duration of their contracts;
3° A submission of the application for exemption setting out the purpose and duration of the requested exemption and the reasons justifying it and an analysis demonstrating that:
(a) The proposed construction or modification will contribute to the strengthening of competition in the field of the supply of gas and to the improvement of the security of supply of gas;
(b) The economic risk associated with investment is such that it would not be realized in the absence of an exemption;
(c) The derogation will not affect the proper operation of the gas market or the transport network to which the installation or work is or will be connected.
Upon receipt of the application with a complete record, the Minister for Energy shall, for advice, refer to the Energy Control Board, which shall take action within one month of its referral.
When the requested exemption relates to an interconnection with the gas transport network of another member State of the European Community, the Minister shall forward the application to the competent authorities of that State.
The Minister for Energy shall notify the European Commission, within three months of the receipt of the complete file, of its draft decision on the request for exemption and all relevant information, including the outcome of the consultation with other interested Member States.
In order to decide on the application, the Minister for Energy shall consider:
1° From the contribution of the installation or work to the strengthening of competition in the field of the supply of gas and to the improvement of supply security;
2° Additional capacity resulting from the planned construction or modification;
3° The duration of the contracts for the use of the installation or work;
4° National circumstances.
The decision granting the exemption sets the object and duration of the exemption. It determines the rules relating to the allocation of the facility's or work's capabilities in compliance with long-term contracts.
The exemptions granted are published by extracts in the Official Journal of the French Republic. The opinions of the Energy Control Board are published at the same time as the derogation decisions.
When a portion of a facility, with the exception of a storage facility, or a work that is subject to an exemption, is open to third parties' access, its tariffs are determined jointly by Ministers responsible for the economy and energy, after the opinion of the Energy Control Board.
Following the advice of the Energy Control Board, the Minister for Energy may, by reason of decision, terminate an exemption when he finds that the conditions that have justified it are no longer met.
The derogation shall be null and void if the proposed construction or modification of the facility or work has not been completed within three years of the date of publication of the derogation.
In the event of an operator's change in a facility or work that is subject to a derogation, the beneficiary of the derogation and the new operator shall forward to the Minister of Energy a transfer application to which the parts listed in section R. 111-44 are attached.
The Minister for Energy shall take action under the conditions set out in sections R. 111-45 and R. 111-46, with the derogation in force pending the Minister's decision.
The staff and officers referred to in articles L. 135-3 and L. 142-21 shall be responsible for monitoring compliance with the decisions taken under this paragraph.
Subject to the provisions of Article R. 121-5, suppliers referred to in Article L. 121-32 when they supply domestic customers, including households residing in a collectively heated housing building, or non-domestic customers providing general interest missions related to the satisfaction of the essential needs of the nation, in particular with regard to administration, education, security, defence and health services whose list is fixed in each department by
1° At least two entry points on the national transport network when they supply more than 5% of the national market;
2° At least three entry points on the national transport network when they supply more than 10% of the national market.
A point of entry is defined as a cross-border interconnection point on the transport network or the place of connection to a national production site. Liquefied natural gas installations are also considered as input points.
Gas volumes for each supplier must be divided between the different entry points according to the markets it serves.
Suppliers communicate to the Minister of Energy the current and forecast rules and procedures for the allocation of their overall gas supply resources.
The recipient of a supply authorization is required to ensure, without interruption, the continuity of supply of gas to its customers within the limits of the quantities, debits and clauses stipulated by the contract that binds it to the customers.
However, the supply of gas may be reduced or interrupted, provided that the reduction or interruption is necessary or inevitable:
1° In case of force majeure or risk for the security of persons and property;
2° In case of planned work or network connection or maintenance of existing facilities.
In the first case, the licensee of the supply authorization, as soon as it is aware, shall promptly notify the customer affected by the reduction or interruption. In the second case, it shall communicate the dates and times of reduction or interruption to the client within twenty-four hours of receipt by itself of the information provided to it by the network manager pursuant to the provisions of sections R. 121-10 and R. 121-14.
For customers referred to in R. 121-1 and non-domestic customers who have not contractually accepted a supply that may be interrupted, the supplier must be able to provide continuity of supply even in the following situations:
1° Disappearance for up to six months of the main source of supply in average weather conditions;
2° Cold winter as it happens statistically one every fifty years;
3° Extremely low temperature for a period of up to three days as it statistically produces one every fifty years.
To enable them to meet the obligations of continuity of supply imposed by sections R. 121-3 and R. 121-4 in the event of a breakdown of all or part of the supplies provided for in R. 121-1, suppliers must ensure the availability of alternative sources, including through the use of:
1° At the interruption or modulation of the supply to certain customers, when provided by their contracts;
2° A complementary purchases of gas from other sources of supply, in particular in the form of short-term contracts of liquefied natural gas or gas;
3° Gas storage.
In the event that they are unable to meet their contractual obligations, a provision of last resort is guaranteed to non-domestic customers who provide a general interest mission, as defined in R. 121-1.
This supply is ensured, on the first five days, by transport network managers.
At the end of this period, in the event that customers have not been able to find another supplier, they may, if they wish, appeal to the last resort provider designated under the following terms and conditions to perform the intended benefit, if any, until the end of the original contract.
The Minister for Energy shall, in advance, designate, according to an application procedure defined by the Minister for Energy, the suppliers of last resort that appear to be sufficiently guaranteed in the light of their anticipated procurement plan to perform this benefit on all or part of the national territory.
The Minister for Energy publishes the contact information of the designated last resort providers.
Suppliers who deliver gas to a network entry point shall take all measures to ensure that the higher calorific power (PCS), reported to the cubic metre of gas measured dry at the temperature of 0° C and under the pressure of 1.013 bar, remains included within the limits fixed by the Minister responsible for energy and to ensure that the other characteristics of the gas delivered conform to the requirements of the transport network operator.
The conditions for the supply of the gas shall permit the safe operation of gas appliances in accordance with the regulations in force for persons and goods.
The gas must be properly cleaned.
Suppliers inform the carriers of transport and distribution networks as well as the holders of underground gas storage concessions of any changes in the nature of the supplied gas that may affect their facilities and service to the end customers.
Suppliers must establish on a daily basis the gas movement programs they plan to inject or remove at the points of the transportation or distribution network identified by the parties in the contract or network access protocol.
They are required to provide, at least every month, their capacity booking forecasts to transport and distribution network managers.
Gas transport network operators ensure the continuity of the gas delivery service under the conditions established by public transport or distribution contracts.
The delivery of the gas may, however, be reduced or interrupted, without prejudice to contractual stipulations, provided that the reduction or interruption is necessary or inevitable, either in the event of force majeure or risk to the security of persons and goods or in the event of planned work of connection to the networks or maintenance of existing installations.
In the first case, the transport network operator shall promptly notify the supplier concerned and the final customer affected by the interruption.
In the event of work, the transport network operator strives to minimize interruptions and to place them on dates and times that may cause the least possible discomfort to customers. It communicates at least two months in advance the dates of work on the networks and at least five days in advance of the days and hours of interruption to interested suppliers, distribution network operators and customers directly connected to the transport network.
A transport network operator may not refuse to provide the last resort provided for in R. 121-6.
For customers referred to in R. 121-1 and non-domestic customers who have not contractually accepted a supply that may be interrupted, the transport network operator must be able to ensure the continuity of the delivery of the gas even in the following situations:
1° Cold winter as it happens statistically one every fifty years;
2° Extremely low temperature for a period of up to three days as it statistically produces one every fifty years.
In the event of a serious breach of a transport network operator's obligations, which would result in a breach of service continuity and security, the Minister responsible for energy continues to put it in place, if necessary, by providing alternative means, and, where appropriate, shall take the necessary interim measures to prevent any danger and ensure continuity of service, such as the temporary off-duty measure provided for in section III of section-2.
In the event of non-compliance with the obligations set out in this subsection, the Minister for Energy may withdraw or suspend the authorization for carriage under the conditions set out in III of section R. 431-2.
Distribution network operators shall make appropriate arrangements to ensure the delivery of the gas under the conditions of continuity and quality defined by this subsection.
However, the delivery of the gas may be reduced or interrupted, without prejudice to contractual stipulations, provided that the reduction or interruption is necessary or inevitable, in the event of force majeure or risk for the safety of persons and goods.
The distribution network operator shall promptly notify the interested supplier and carrier and the final customer affected by the reduction or interruption.
A distribution network operator may not interfere with the provision of the last resort provided for in R. 121-6.
For customers referred to in R. 121-1 and non-domestic customers who have not contractually accepted a supply that may be interrupted, the continuity of the delivery of the gas must be ensured even in the following situations:
1° Cold winter as it happens statistically one every fifty years;
2° Extremely low temperature for a period of up to three days as it statistically produces one every fifty years.
In addition to the cases provided for in R. 121-11, a distribution network operator may interrupt the service for any investment, connection, compliance or maintenance operation of the licensed network as well as for any work carried out near the works. It strives to minimize these interruptions and to place them on dates and times that may cause the least possible discomfort to users.
The dates and times of these interruptions are brought at least five days in advance to the acquittal authority, the mayor and, by collective opinion, users. Suppliers are also recipients of this information.
In the event of an emergency, the distribution network operator shall promptly take the necessary measures and notify the mayor, the organizing community of the public distribution of gas, the prefect, the customers by collective notice and, if necessary, the suppliers.
Without prejudice to the provisions of sections R. 432-8 to R. 432-11 and R. 453-1 to R. 453-7 and provided that the economic conditions of profit defined in the specifications of the distribution concessions or the regulations of service of the boards are met, a final customer whose annual consumption of gas is less than five million kilowatthours can only connect to a distribution network.
Underground gas storage concession holders, or their amodiataries, are required to inform operators on a daily basis of the available capabilities to enable them to enter, as appropriate, contracts for the instantaneous balancing of their networks.
Underground gas storage concessions, or their amodiatry, are required to inform at least two months in advance of the suppliers and operators of transport networks with whom they are contractually related to maintenance work or operations on their facilities that may limit or interrupt the injections and gas withdrawals.
In case of force majeure, they are required to inform the transport network operators to which their storage is connected as soon as possible.
Operators of liquefied natural gas installations inform operators of the transport networks of their availability.
Operators of liquefied natural gas installations inform at least two months in advance of their customers, operators of transport networks to which their facilities are connected, and holders of underground gas storage concessions with which they are contractually linked to maintenance work or operations on their facilities that would be in a way that would limit or interrupt access.
In the event of force majeure, they are required to inform their customers, transport network operators and the holders of underground gas storage concessions as soon as possible.
Contracts between persons subject to the obligations established by this subsection and their respective clients shall include at least:
1° The duration of contracts;
2° The terms of delivery and delivery;
3° Prices and terms for billing, subscriptions and payments;
4° The possible interruption and reduction of supplies and deliveries;
5° Possible connection conditions;
6° Obligations for domestic facilities, for domestic customers;
7° Gas specifications at delivery points and the description of the rights and obligations of the parties in the event of non-compliance with these specifications;
8° The quantity of gas to be delivered, the flow rates and the method of counting the gas consumed;
9° The liability regime applicable to each of the parties;
10° Dispute resolution.
Persons subject to the obligations established by this subsection are required to resort to personnel with the necessary training, qualifications and authorizations.
They must put in place an appropriate organization to ensure the operation, security, maintenance of the facilities and the continuity of the service with the necessary means, particularly with regard to the customers mentioned in R. 121-1.
Staff members and officers referred to in articles L. 135-3 and L. 142-21 shall be responsible for monitoring compliance with the provisions of this subsection.
The public service obligations set out in this subsection are subject to any provision or obligation to the contrary of the authorizations and concessions under way, and without prejudice to the security provisions set out in sections R. 431-2 and R. 431-3 as well as to Title V of Book V of the Environmental Code.
The public service obligations assigned to the electricity sector companies are set out in sections L. 121- 1 to L. 121- 5.
The Electricity Equalization Fund referred to in section L. 121-29 shall distribute among managers of public electricity distribution networks the charges referred to in section L. 121-29, Part II, as determined in this subsection. It performs the recovery and reverse operations necessary for this equalization.
The Electricity Equalization Fund is administered by a board.
It sets out the terms and conditions under which managers of public electricity distribution networks shall provide the fund with the information necessary to establish equalization, make a contribution or receive an allocation.
The board approves the annual Electricity Equalization Fund Management Account and the address to the Minister for Energy.
The Electricity Equalization Fund Board is composed of twelve members.
It is chaired by an active or honorary State advisor.
It also includes its President:
1° Three State representatives:
(a) The Director General of Energy or his representative;
(b) The Director General of Local Government or his representative;
(c) The Budget Director or his representative;
2° Three representatives of Electricity network distribution France, on the proposal of this company;
3° Three representatives of local distribution companies referred to in Article L. 111-54, including a representative of cooperative companies of agricultural interest in electricity, on the proposal of representative associations;
4° Two representatives of the public electricity distribution authorities, on the proposal of representative associations.
The President and the members of the Board of the Fund referred to in 2°, 3° and 4° above shall be appointed for three years by order of the Minister for Energy. Their mandate is renewable. When one of these members loses the quality for which he or she has been appointed, or in the event of a vacancy before the expiry date of the term, the appointment of a new member shall be made for the duration of the remaining term.
The Chief Electricity Officer or his representative attends the board of the Electricity Equalization Fund as Commissioner of the Government.
The Government Commissioner may request a second deliberation from the council.
The Commissioner of the Government may include in the agenda any matter within the competence of the conseiL. Consideration of this issue cannot be denied.
The board of the Electricity Equalization Fund meets on the convocation of its president who stops the agenda.
The board shall sit validly when half of its members are present. When this quorum is not reached, a new convocation shall be sent within eight days to the members of the board who then sits validly regardless of the number of members present.
The Board shall decide by a majority of the members present or represented. In case of equal sharing of votes, the President's voice is preponderant.
The Electricity Equalization Fund Board Secretariat ensures the accounting and financial management of the fund and maintains the accounting of the recovery and repayment operations it conducts.
EDF provides the secretariat of the fund's board and the holding of the specific account by tracking operations. Fund management costs are charged to this specific account.
The Electricity Equalization Fund is subject to the control of the Court of Auditors.
The members of the Electricity Equalization Fund Board and the officers assigned to the secretariat shall be held in professional secrecy for the facts, acts and information they are aware of because of their functions.
Managers of public electricity distribution networks address each year to the Electricity Equalization Fund, before the date fixed by the fund's board, a statement and the necessary elements for equalization.
The fund secretariat may request disclosure of accounting documents to justify the reported amount of revenues referred to in R. 121-31.
The equalization for the operation of the networks, carried out pursuant to the 1° of the II of section L. 121-29, is based, for each distribution network manager, on the difference between the assessment of the operating revenues of the networks it has invoiced in the previous year and the assessment of the operating expenses of the networks it has supported in the same year.
For each distribution network manager, network operating revenues are those resulting from the application of the tariff for use of public transportation and distribution networks for delivered kilowatt hours.
The result obtained, after deduction of payments made to the managers of the upstream networks, is affected by a flat λ coefficient intended to exclude from the calculation of the revenues of network managers the share corresponding to the remuneration of investments.
The loads related to the operation of the networks are assessed, for each public distribution network manager, by applying the formula described in section R. 121-33 that takes into account the characteristics of the network and the clientele connected to it, valued as of December 31 of the previous year.
The assessment of the loads supported by the Public Electricity Distribution Network Manager is carried out in accordance with the following formula:
C = a1 x L (BT aerial) + a2 x L (BT underground) + a3 x L (HTA aerial) + a4 x L (HTA underground) + a5 x L (HTB and THT) + a6 x Nb (HTA/BT posts) + a7 x Nb (HTB/HTA posts) + a8 x Nb (THT/HTB posts) + a9 x Nb
in which the lengths are expressed in km:
L (BT aerial) is the length of low-voltage airlines;
L (BT underground) is the length of underground pipes in low voltage;
L (HTA aerial) is the length of high voltage A airlines;
L (HTA underground) is the length of underground pipes in high voltage A;
L (HTB and THT) is the length of high voltage B and high voltage pipes;
Nb (HTA/BT posts) is the number of high voltage A transformation stations in low voltage;
Nb (posts HTB/HTA) is the number of high voltage B transformer stations in high voltage A;
Nb (THT/HTB posts) is the number of high voltage transformer stations in high voltage B;
Nb (subscriptions) is the number of the manager's subscriptions.
When the revenue of a public distribution network manager, calculated as described in section R. 121-31, exceeds its expenses, calculated as described in sections R. 121-32 and R. 121-33, it contributes to the fund. Otherwise, he receives an endowment.
The contribution or staffing balance is calculated by applying the formulas described in section R. 121-35, which ensure the balance of operations performed by the Electricity Equalization Fund.
The balance "exploitation" S, contributor or beneficiary, of the equalization, is determined in accordance with the following formulae:
1. Case of a contributor:
S = α (R - C), if (R - C) < β R
S = α β R, if (R - C) β R
2. Case of a beneficiary manager:
S = ε (C - R)
in which:
A is the amount of revenues defined in article R. 121-31;
C is the amount of charges defined in sections R. 121-32 and R. 121-33.
The values of the λ coefficients, a1 to a9, α, β and γ as provided for in sections R. 121-31, R. 121-33 and R. 121-35 are set annually by a joint decree of the Minister responsible for energy, budget and interior, after advice from the board of the Electricity Equalization Fund.
In order to implement the equalization of expenses related to landscaping operations referred to in 2° of II of section L. 121-29, the Board of the Fund shall issue a notice on the records submitted to it by the managers of the public distribution networks and on the total amount of amounts likely to be allocated to that equalization.
In the light of these notices, the Minister responsible for Energy sets out the list of land-use planning operations giving rise to equalization and the amount of the corresponding staffing.
The total amount of money allocated to the equalization of land use planning expenses shall be apportioned among all managers of public distribution networks on the prorated basis of their income determined in accordance with the provisions of section R. 121-31. Each manager contributes to equalization due to the T amount resulting from this distribution.
For each public distribution network manager, the sum of the balance S of the equalization related to the operation of the networks referred to in R. 121-1 and the T result of the equalization related to the development of the above mentioned territory constitutes its final balance of equalization.
The management costs of the Electricity Equalization Fund are apportioned among managers of public electricity distribution networks prorated the amount of their final equalization balance.
Contributor payments are made once before October 31 of each year. Unresolved contributions on the day of maturity interest the legal rate.
Payments from the fund to the beneficiaries are made once before December 31 of each year.
Officials and officers authorized under sections L. 135.3 and L. 142-21 shall, in the forms provided for in these sections and, where appropriate, at the request of the board of the Electricity Equalization Fund, monitor statements and accounting documents sent to the Fund.
In the event of a failure to report, the Electricity Equalization Fund Secretariat proceeds with the determination of the revenues and expenses of the failing public electricity distribution network manager, after it has continued to submit its comments.
In the event of non-payment of the amounts due to the expected due date, the failure of a contributor is noted when a stay, addressed by registered letter with acknowledgement of receipt, has remained without effect more than three weeks.
A copy of the stay is provided to the Minister responsible for energy.
Without prejudice to the penalties imposed under Article L. 121-30, the fund secretariat shall collect the assessed contribution due, increased interest at the legal rate.
The Minister for Energy shall issue a monetary penalty under section L. 121-30.
In the event of a failure to pay by a debtor of the contribution to the public service charges of electricity provided for in section L. 121-10, the Minister for Energy shall impose the penalties set out in section L. 121-25.
The amendment model referred to in section L. 121-28 is subject to approval by the Minister for Energy.
When the dispute that a consumer has seized a supplier or a network manager for the distribution of electricity or gas could not find a solution within two months from the receipt of the consumer's claim by the supplier or distribution network manager, the consumer has a two-month time limit to seize the national energy mediator.
The referral is written or transmitted on a sustainable basis and includes all the elements useful to its review. The mediator shall acknowledge receipt, without delay, in writing or on a sustainable basis, of referrals to him and shall inform their authors, inter alia, of the suspension of the civil and criminal proceedings mentioned in article L. 122-1.
When the referral does not fall within the scope of Article L. 122-1, the mediator shall inform the parties within one month of the date of receipt of the referral by a written and reasoned response indicating, if any, the administrative authority to which it transmits the referral pursuant to Article 20 of Act No. 2000-321 of 12 April 2000 on the rights of citizens in their relations with the authorities.
The mediator may invite the parties to make comments within a time limit that he or she sets, and hears them. It may, with the agreement of the parties, hear the consenting third parties.
The Ombudsperson shall make a written and reasoned recommendation within two months of the date of receipt of the referral.
It shall be informed by the distribution network providers and managers referred to in the second paragraph of section L. 122-1, within two months of the transmission of its recommendation, of any follow-up to the recommendation.
The mediator:
1° Proposes its annual budget and changes during the year;
2° Submit its financial account and allocation of results to the Minister responsible for the budget in accordance with the provisions of section R. 122-10;
3° Stop its accounting and financial regulations;
4° Stop the rules of procedure of its services and the applicable rules of conduct;
5° Defines the general terms and conditions of employment and recruitment of agents of its services;
6° Setting general terms and conditions for contracting
7° Decide on acquisitions, exchanges and alienations of real estate;
8° Establish the general conditions for the placement of available funds;
9° Decide the use of the loan;
10° A quality for justice;
11° Is a revenue and expenditure order and may designate an agent of his services as a secondary sponsor;
12° Can transfer under the conditions fixed by articles 2044 to 2058 of the Civil Code;
13° Publicizes its activity report after sending it to the relevant committees of Parliament.
The mediator may delegate his signature to one or more members of his services.
The compensation scheme of the energy mediator is set by decree of ministers responsible for the economy, energy and budget published in the Official Journal of the French Republic.
The costs incurred by the travel and stay of the mediator's agents are reimbursed under the conditions provided for in the regulations applicable to the civil personnel of the State.
The decisions set out in the 8th of Article 2 and in Articles 3 and 7 of Decree No. 2006-781 of 3 July 2006 setting out the conditions and procedures for the payment of costs incurred by the temporary movement of civil personnel of the State are taken by the mediator.
Ombudsperson's officers are employees in a position of activity or detachment, or contract agents of public law, under a fixed or indeterminate contract, in full or incomplete time. Contracts by contractual agents are subject to the provisions of Decree No. 86-83 of 17 January 1986.
The resources of the Ombudsman include:
1° The sum paid by the Caisse des dépôts et consignations pursuant to Article L. 121-16;
2° Donations and bequests;
3° Investment income and proceeds of borrowings under the provisions of Article R. 122-4;
4° The proceeds from the sale of its paid publications or other goods or services related to its activity.
The procedure for the preparation of the mediator's budget is specified by order of the minister responsible for the budget after notice of the mediator.
The mediator has an accounting officer appointed by order of the minister responsible for the budget. The accounting officer is personally and financially liable under the terms of section 60 of Act No. 63-156 of 23 February 1963 on finances for 1963 and Decree No. 2008-228 of 5 March 2008 on the recognition and suitability of public accountants and assimilated debentures.
He is responsible for the maintenance of the accounts of the mediator, the collection of the contributions referred to in article R. 122-9 and any other recipe by the mediator, the payment of the expenses and the handling of the funds and the movements of accounts of availability.
Decree No. 2012-1246 of 7 November 2012 on budgetary and public accounting management is applicable to the mediator who is, for the purposes of these provisions, considered an administrative public institution under conditions specified by an order of the Minister for Public Accounts.
The accounts of the Ombudsperson's accounting officer are judged by the Court of Auditors. The management control of the accounting officer is also provided by the Receiver General for Finance.
Revenue and expenditure authorities may be created by a decision of the mediator, on the advice of the accounting officer, under the conditions set out in Decree No. 92-681 of 20 July 1992 on income-generating authorities and the advances of public bodies.
The mediator is subject to the provisions of Order No. 2005-649 of 6 June 2005 relating to contracts passed by certain public or private persons not subject to the Public Procurement Code and Decree No. 2005-1742 of 30 December 2005 setting out the rules applicable to contracts passed by the procuring authorities referred to in Article 3 of Order No. 2005-649 of 6 June 2005.
The amount of the premium paid to erase operators referred to in Article R. 271-2, fixed in euros per megawatt hour, is based on the certified deletion volume.
It may vary according to erase categories based on the technical characteristics of the affected effacements, which take into account the power subscribed to the erased site, the process by which the deletion and accumulated deletion volumes are obtained.
Reflection categories may also be based on the economic characteristics of the affected effacements, which take into account the investments made by the eraser operator to carry out operational effacements and costs.
These technical and economic characteristics are determined by the Order of Ministers responsible for the economy and energy referred to in Article R. 123-5.
The premium cannot lead to the fact that the remuneration of capital secured by the erasers exceeds a normal remuneration of capital given the risks inherent in these activities valued according to the categories defined under R. 123-1.
The Order of Ministers responsible for the Economy and Energy referred to in Article R. 123-5 may set out a mechanism for the de-ressivity of the premium, which takes into account, in particular, the amount of deletion carried out, according to the categories, by an eraser operator or by several erasers having between them or with one company links mentioned in Article L. 233-3 of the Commercial Code.
When an erasure category entails the investment of the eraser with a long return time, the order may define the terms and conditions of evolution, over a multi-year period of time, of the amount of the relief premium based on such new investments made on a site, such terms and conditions that may, after an initial period of three years, be adjusted to not first paragraph of this article.
Ministers responsible for the economy and energy take into account, in order to determine the amount of the premium, the contribution of erasing energy demand control, energy sobriety, reduction of greenhouse gas emissions and reduction of losses on electricity transmission and distribution networks.
In order to assess the contribution of erasing energy demand and energy sobriety, the Ministers take into account the quantities of energy saved and the effects mentioned in the last paragraph of Article R. 271-1, as well as the enhancement of incentives to energy savings not already paid.
In order to assess the contribution of erasing greenhouse gas emissions, the Ministers take into account greenhouse gas emissions of the means of production to which the deletion is substituted and the effects mentioned in the last paragraph of Article R. 271-1 and the cost of greenhouse gas emissions internalized in the production costs and value of the avoided greenhouse gas emissions.
To assess the contribution of deletion to the reduction of losses on electricity transmission and distribution networks, the Ministers take into account the volume of losses avoided, estimated by integrating the effects mentioned in the last paragraph of Article R. 271-1 as well as the value of the unit cost of losses.
These amounts can be modulated to preserve energy market incentives to trigger effacements during the voltage periods of the electrical system.
By July 31 of each calendar year, the Public Electricity Transport Network Manager shall prepare a forecast of the deletion volumes that are likely to be made under this chapter and sections R. 271-1 et seq. in the following calendar year. This forecast is notified to the Energy Control Board pursuant to the provisions of Article L. 123-4.
The manager of the public electricity transmission network shall establish and transmit quarterly to each eraser the volumes of the effacements made, after they have been certified under section R. 271-5. These volumes are distinguished according to the erase categories fixed by the order mentioned in article R. 123-5.
The manager of the public electricity transmission network shall prepare and notify the Energy Control Board of a quarterly summary of the completed and certified volumes, distinguished by the erase categories, no later than five working days before:
1° 31 July for the period from 1 January to 31 March;
2° 31 October for the period from 1 April to 30 June;
3° 31 January for the period from 1 July to 30 September;
4° 30 April for the period from 1 October to 31 December.
The Energy Control Board shall, from this summary and the amount of the premium fixed by the order referred to in section R. 123-5, assess the quarterly amount paid to the erasers for the effacements made and certified during the period under review and indicate that amount to the Caisse des dépôts et consignations.
To trace these transactions, the Caisse des dépôts et consignations uses the specific account referred to in Article 1 of Decree No. 2004-90 of 28 January 2004.
The sums due to the cancellation operators for the quarterly payment of the premium shall be paid to them no later than five bank days after July 31 and October 31 of the year for which the deductions are made and January 31 and April 30. The amounts outstanding by the Caisse des dépôts et consignations à ces dates bear interest at the legate rate. These interests are charged against the management costs of the Fund of Deposits and Meetings.
The rules referred to in section R. 271-3 specify the information to be forwarded by erasers and public distribution network managers to the manager of the public electricity transmission network for the purposes of this section.
A decree of the ministers responsible for the economy and energy, taken after the advice of the Energy Regulatory Commission, sets out, by erase category, the amount of the premium provided by the provisions of Article L. 123-1, paid to the erasers for the discharges made in the calendar year following the publication of the order and certified by the manager of the electricity transport network.
The amount of the premium is subject to an annual review by the competent ministers after notice of the Energy Control Board issued before November 1. The absence of a change order before the end of the current calendar year is valid for the following year.
The Chair of the College shall consult with the College and the Dispute and Sanctions Committee before deciding on the organization of services. He calls the commission's jobs.
He is the principal sponsor of the Commission's revenues and expenditures. It may decide to create advances or revenues under the conditions set out in Decree No. 92-681 of 20 July 1992 on income-generating authorities and on the advances of public bodies.
He represents the commission in all acts of civil life.
In order to carry out the tasks entrusted to the commission, the chair of the college and the chair of the committee have the right to take action.
The Chair of the College may delegate to any officer of the commission to sign, within his or her powers, any acts relating to the operation of the commission or the execution of its decisions. The chair of the committee may delegate to any officer of the commission under his or her authority to sign, within his or her powers, any acts relating to the functioning of the committee. These delegations are published in the Official Journal of the French Republic.
The chair of the college and the chair of the committee may appeal, under conditions agreed with the ministers concerned, to the state services, in particular to the deconcentrated services, whose assistance is necessary to carry out the tasks of the Energy Control Commission.
The College can only deliberate if at least three of its members are present. The committee can only deliberate if at least two of its members are present.
The Government Commissioner to the Energy Control Board is appointed by order of the Minister responsible for energy. A person or persons meeting the conditions set out in section L. 133-4 may be designated, under the same terms, to be replaced.
The Commissioner of the Government shall receive orders from the College and the Dispute and Sanctions Committee on the same terms as members of the College and Committee.
These agendas are available from the Commission's services.
The College of the Energy Regulatory Commission adopts its rules of procedure by a qualified majority of two thirds of its members.
The rules of procedure of the college shall, inter alia:
1° The arrangements for convening, conducting meetings and deliberation;
2° The consultation procedure to be followed when the College is called to give, in accordance with the provisions of Article L. 132-5, its opinion on the incompatibility of the functions of one of its members with the mandates, jobs or interests that it otherwise holds or on the incapacity of one of their members.
The College's rules of procedure also define the procedure to be followed when this proceeding is called upon to propose that it be terminated the functions of one of its members in the event of a serious breach of its obligations in accordance with the provisions of Article L. 132-5.
The president of the college receives equal treatment for the first of the two higher categories of state jobs classified off-scale. Other members of the college receive equal treatment for the second of these two categories.
The members of the Dispute Resolution and Sanctions Committee shall be granted vacations based on the effective presence of the persons concerned at the meetings of the Committee.
Also give rise to the payment of vacations for the benefit of members of the College, as long as they are carried out on behalf of the Board, the following activities:
1° Reporting;
2° Representation at meetings;
3° Missions in France or abroad;
4° When it is not the subject of another remuneration, giving one or more conferences or participating in one or more seminars.
The reference unit of the vacation is the half-day. For the production of a report, the number of trips is fixed by the chair of the college or committee depending on the time required for its preparation.
The unitary amount of the vacation shall be determined, for each of the activities referred to in Article R. 133-6, by joint order of Ministers responsible for the economy, budget and public service.
The same order may set an amount other than the amount referred to in the preceding paragraph for vacations made by the Chair of the Dispute and Sanctions Committee, within the limit of twice that amount.
The total annual amount of vacations allocated for all activities referred to in R. 133-6 shall not exceed one-half of the gross annual salary of chevron II of the non-stage B group of remuneration.
In addition to the payment of the vacations referred to in R. 133-6, members of the college and committee may, under the conditions set out in Decree No.2006-781 of 3 July 2006, setting out the conditions and procedures for the payment of expenses incurred by the temporary movement of civil personnel of the State, be compensated for the costs incurred by their travel to France and abroad.
In addition to their main remuneration, special hardship allowance is paid to the chair and vice-chairs of the College of the Energy Control Board.
The amount of this allowance shall be determined by joint order of the ministers responsible for the budget, industry and public service. It is indexed to the value of the Public Service Index Point.
May give rise to compensation for services rendered the provision by the Energy Control Board of the following benefits:
1° Cessions of publications carried out by the Energy Regulatory Commission, with or without assignment of the right to reproduction or dissemination;
2° Organization of conferences and symposiums;
3° Missions of expertise, advice and assistance either to private individuals or public bodies other than the State, or to public or private persons of foreign law, or to international institutions.
The amount of compensation paid for these benefits is determined by the tariff established by the Chairman of the Energy Control Board.
The revenues collected for the remuneration of the services rendered under section R. 133-12 are allocated to the budget of the Ministry of Finance. The corresponding appropriations are opened in accordance with the procedure provided for in Article 17-II of Organic Law No. 2001-692 of 1 August 2001 relating to financial laws.
A Budget Minister's order specifies how these products are linked to the Ministry of Finance budget.
When the Energy Control Board proposes to the Minister responsible for the budget and the Minister responsible for energy the amount of the credits required for the performance of its duties, in accordance with the fifth paragraph of section L. 133-5, it shall include a proposed job table.
In accordance with Article L. 134-9 of the Energy Code, the draft decisions of the Energy Control Board shall be submitted to the Higher Energy Council to determine:
1° Methodologies used to establish tariffs for the use of public electricity transmission and distribution networks, referred to in the first paragraph of Article L. 341-3;
2° Methodologies used to determine the rates of the associated benefits realized exclusively by managers of public electricity transmission and distribution networks, referred to in the second paragraph of section L. 341-3;
3° Methodologies used to establish the tariffs for the use of natural gas transport and distribution networks and liquefied natural gas installations, referred to in the first paragraph of Article L. 452-2;
4° Methodologies used to establish the rates of the associated benefits realized exclusively by managers of the natural gas transport and distribution networks and liquefied natural gas installations, referred to in the second paragraph of Article L. 452-2;
5° The conditions for access and connection to public networks of the new interconnections referred to in Article 17 of Regulation (EC) No 714/2009 of the European Parliament and of the Council of 13 July 2009 on conditions of access to the network for cross-border exchange of electricity.
The draft decisions referred to in R. 134-1 shall be forwarded to the Secretary General of the Higher Energy Council by the Chairman of the Energy Control Board, by registered letter with a request for notice of receipt or electronically with receipt.
In the absence of an express notice issued by the Superior Energy Council within five weeks of the date of receipt of the draft decision by the Secretary-General, or within fifteen days of the same date when the transmission of the project is accompanied by a reasoned request for an emergency review, the notice is deemed to have been rendered.
When the Energy Control Board is seized by the Minister responsible for Energy of the draft regulations referred to in section L. 134-10, it has a period of one month to render a notice, which the Minister responsible for energy may apply to the Commission for a period of two months. After this period, the notice is deemed favourable.
When the Chairman of the Energy Regulatory Commission seizes the Autorité de la concurrence with abuse of dominant position and practices impeding the free exercise of competition, pursuant to the provisions of Article L. 134-16, the file transmitted in support of his referral includes the information he has gathered and which has founded the finding of such abuses or practices.
In accordance with the same provisions, where the Autorité de la concurrence seizes the Energy Control Board with a request for an opinion, the Commission shall have a period of two months to render its reply. The Board's opinion is motivated.
The Energy Control Board shall prepare annually, by June 30, a public report which shall report on its activity and the application of the legislative and regulatory provisions relating to the regular access to historical nuclear electricity and to the monitoring of retail and wholesale markets, access to public electricity transmission and distribution networks, transportation and distribution of natural gas and to liquefied natural gas installations. This report assesses the effects of its decisions on the development of competition, on the situation of residential, professional and industrial consumers, on the conditions of access to these networks, structures and facilities and on the execution of the missions of the public service of electricity and natural gas. It is addressed to the Government, Parliament and the Higher Energy Council. The latter's suggestions and proposals are forwarded to the Minister for Energy and the Energy Control Board.
The committees of the competent Parliament on energy, the Higher Council of Energy and the Economic, Social and Environmental Council may hear the members of the Energy Regulatory Commission and consult on any matter within the scope of its competence.
The referral of the dispute resolution and sanctions committee pursuant to the first six paragraphs of Article L. 134-19 of the Energy Code is at the initiative of either party.
The referral of the committee pursuant to the last paragraph of section L. 134-19 of the Energy Code is at the initiative of any person to whom failure to comply with the rules of independence set out in section 2 of chapter I of Book I of the same Code creates personal harm.
The referral of the Dispute Resolution and Sanctions Committee includes each dispute:
1° The name, first name, address, nationality and occupation of the author of the referral, or, if the author of the referral is a legal person, his or her form, name or social reason, the address of his or her head office and the body that legally represents it;
2° The name of the chosen advice(s), if any, to assist or represent the author of the referral, with, in the event of a plurality of advice, the name of the person in respect of whom the proceedings will be validly performed;
3° The object of the referral with a presentation of the means and the pieces on which the referral is founded;
4° The list and address of the parties that the applicant wishes to call to the cause.
The referral also includes either the draft contract or the signed contract, or the draft protocol or the signed protocol in the following cases:
1° For refusals to access public electricity transmission and distribution networks, natural gas transport and distribution works, natural gas storage facilities and liquefied natural gas installations;
2° For disagreements on the conclusion, interpretation or execution of contracts and protocols under sections L. 321-11, L. 321-12 and L. 321-13, sections L. 111-91 to L. 111-94 and sections L. 111-97 to L. 111-101.
As soon as the application is registered, the chair of the dispute resolution and sanctions committee designates a rapporteur among the agents of the Energy Regulation Commission.
The rapporteur's mission is to instruct the case independently in accordance with the principle of the conflict. To this end, he may propose to the Dispute Resolution and Sanctions Committee any measures of instruction.
The Disputes and Sanctions Committee shall communicate to each of the parties the comments and documents submitted by the other parties and shall set the time limit for their response.
The chair of the Disputes and Sanctions Committee, or any officer of the Energy Control Board placed under his or her authority to that effect, shall notify the parties of the comments and documents as well as the deadlines by registered letter with a request for a notice of receipt or any other means to reach the date of receipt.
The rapporteur shall inform the parties of the date on which the instruction shall be closed. The decision by which the chair of the committee fixes this date is not motivated and cannot be appealed. Letters issued against signature notifying this decision or any other means to attest to the date of its receipt shall be sent to all parties not less than fifteen days before the closing date.
After the completion of the instruction, no comments may be filed, nor any evidence produced in the proceedings, just as unreceivable as ex officio.
The chair of the committee may reopen the instruction by a decision that is not motivated and cannot be appealed. This decision is communicated in the same forms as the closing decision.
The parties must express their requests and the means of fact and law on which they are based.
Requests and means are summarized in the last writings; applications and means that are not resumed are deemed abandoned. The Disputes and Sanctions Committee shall decide only on the last written submissions.
Comments that would have been produced during the period between the closing and the reopening of the instruction are communicated to the parties.
The parties shall be convened at the meeting of the Dispute Resolution and Sanctions Committee on the agenda of which the request for settlement of the dispute is included.
This summons is sent to them no later than ten days before the date of the session by registered letter with a request for notice of receipt or by any other means to attest to the date of receipt of the summons.
Meetings of the Dispute Resolution and Sanctions Committee shall be held in public unless requested by all parties. If such a request is submitted by a single party, the Dispute Resolution and Sanctions Committee shall decide on the opportunity to respond to it, depending on the need to ensure respect for the secrets protected by law.
The Chair of the Dispute Resolution and Sanctions Committee directs the discussions at meetings and deliberations.
The rapporteur shall present to the dispute resolution and sanctions committee the conclusions and means of the parties. He doesn't take part in the deliberation.
The parties may make oral comments during the session and be represented or assisted by the person of their choice.
The Disputes and Sanctions Committee may proceed to the hearing of persons other than the parties, including territorially competent granting authorities, referred to in Article L. 2224-31 of the General Code of Territorial Communities.
The decisions of the Dispute Resolution and Sanctions Committee under this heading are motivated.
Decisions ending disputes shall be notified to the parties, by registered letter with a request for notice of receipt or by any other means to reach their date of receipt.
They are published in the Official Journal of the French Republic, unless their publication infringes the secrets protected by law or information protected by articles L. 111-76, L. 111-77, L. 111-82 and L. 133-6.
The chair of the Dispute Resolution and Sanctions Committee may, by reason of decision, decide without instruction on applications that are manifestly not within the competence of the committee or are inadmissible.
It can also give notice of a discontinuation.
Section 4
Procedure applicable to the Committee for the Settlement of Disputes and Sanctions of the Commission for the Control of Energy in respect of interim measures
A request for interim measures may only be submitted to a referral by the Dispute Settlement and Sanctions Committee on the merits of dispute resolution, in the same form as those provided for in sections R. 134-8 and R. 134-9.
It may be submitted at any time of the proceedings.
The application sets out the nature or subject-matter of the requested measures and the reasons for fact or law based on the application. It is communicated to the parties and is instructed on time consistent with the urgency of the requested measures.
If the Disputes and Sanctions Committee finds a serious and immediate violation of the rules governing access to public electricity transmission or distribution networks, natural gas transport or distribution works, natural gas storage facilities or liquefied natural gas installations and their use, it may, after hearing the parties involved, order, as appropriate, the precautionary measures necessary to deal with the continuity of the operation and operation of the networks.
The decision specifies the object covered by the conservatory measure.
The decision on a provisional measure indicates the time limit at which its failure to perform will be sanctioned.
Unless the Paris Court of Appeal has annulled or retrained pursuant to Article L. 134-24, the interim measure ceases to produce its effects when the decision of the committee is rendered on the merits.
Appeals against decisions and interim measures taken by the Dispute Resolution and Sanctions Committee pursuant to Articles L. 134-19 and L. 134-22 are within the jurisdiction of the Court of Appeal of Paris and are trained, instructed and tried in accordance with the provisions of this title, by derogation from the provisions of Title VI of Book II of the Code of Civil Procedure.
The appeal is filed within one month by written declaration filed in quadruple copy at the office of the Court of Appeal of Paris against receipt. As soon as it is inadmissible, the statement specifies the subject matter of the appeal and contains a summary statement of the means. With respect to the appeal against the decisions of the dispute settlement committee and sanctions other than interim measures, the full statement of means must, under penalty of the same penalty, be filed in the Registry within the month following the filing of the declaration.
Upon registration of the appeal, the Court of Appeal Registry shall transmit a copy of the statement and the documents attached to it to the parties concerned, as well as to the Energy Control Board, by registered letter with a request for a notice of receipt.
The Court of Appeal ruled after the parties and the Energy Control Board were able to present their observations.
The first chair of the Court of Appeal or its delegate sets out the time limits for the parties to the proceeding and, if it deems it appropriate, the Energy Control Board must provide their written comments and file a copy of them at the Registry. It also sets the date for discussion.
The Registry shall notify the parties and the Energy Control Board of these deadlines and summon them at the hearing scheduled for the debates by registered letter with a request for notice of receipt.
The Energy Control Board and the parties may be aware of all proceedings at the Court of Appeal's Registry.
The Energy Control Board and the parties may be assisted or represented by a lawyer.
When the appeal relates to the precautionary measures taken by the Dispute and Sanctions Committee, the first chair or delegate shall determine upon the registration of the appeal, and in accordance with the one-month period referred to in R. 134-22, the day on which the case shall be referred as a priority.
The requests for a stay of execution presented to the first president of the Court of Appeal in Paris are formed by a simple request filed at the Registry. In the event of an inadmissibility, the application contains a statement of the means invoked and specifies the date on which the appeal against the decision on which the stay of execution is requested.
The first chair or delegate shall, by order, fix the date of the hearing to which the request for a stay will be examined.
The applicant for the stay shall transmit to the parties and the Energy Control Board a copy of the request and order.
The decisions of the Court of Appeal of Paris or its first president are notified by the Registry by registered letter with request for notice of receipt.
The referral of the Dispute Resolution and Sanctions Committee for Sanctions includes, except in the case of the committee having an ex officio hearing:
1° In the event of a seizure by the Minister responsible for energy or the environment, a presentation of the means describing the breach and the pieces on which the referral is based;
2° In case of referral by the Chairman of the Energy Control Board pursuant to Article L. 134-29, the establishment of the Chairman of the Energy Control Board and the parts on which the referral is based;
3° In the other cases of referral by the Chairman of the Energy Control Board, the notice record referred to in Article L. 135-12 and the documents on which the referral is based;
4° In case of referral by a person other than the Minister for Energy or the Chairman of the Energy Control Board:
- the name, first name, address, nationality and occupation of the applicant if he is a natural person, or his or her form, name or social reason, address of his or her head office and the body that legally represents it if he is a legal person;
- the name of the advice(s) chosen if any to assist or represent the author of the referral with, in the event of a plurality of advice, the name of the person in respect of whom the proceedings are validly performed;
- the quality to act of the author of the referral;
- a presentation of the means describing the breach and the pieces on which the referral is based.
For each case, the chair of the Dispute Resolution and Sanctions Committee shall designate a member of that committee, with the assistance of the officers of the Energy Control and Training Commission. If applicable, the member shall address the stay provided for in section L. 134-26 and notify the grievances. He can't follow the referral.
The member may hear, if he considers it necessary, any person who may contribute to his or her information, including the person being prosecuted.
The member of the Dispute Resolution and Sanctions Committee designated pursuant to section R.134-30 may, by registered letter with notice of receipt, maintain the perpetrator of an abuse, obstacle or breach referred to in section L. 134-26, to comply with the legislative or regulatory provisions or the decisions of the Energy Control Board within a time limit that the member determines. The notice remains that the recipient may submit comments within the same period.
In the event of a stay, the member of the Dispute Resolution and Sanctions Committee designated pursuant to section R.134-30 may not notify the person concerned of the grievances that may result in the application of sanctions unless the abuse, obstruction or default persists beyond the time limit set by the order.
The notification of the grievances refers to the sanctions that may be imposed and the period in which the person concerned may consult the file and submit written comments.
Following the notification of grievances, the member of the committee designated under section R.134-30 shall forward all parts of the instruction file and such notification to the chair of the dispute resolution and sanctions committee.
The member of the Dispute Resolution and Sanctions Committee designated pursuant to section R.134-30, if he or she decides on the basis of the instruction that there is no reason to lodge or report grievances, shall notify the decision by registered letter with notice of receipt to the person concerned and, where appropriate, to the person in question and to their counsel if it has been designated, in accordance with the confidentiality of the information
He informs the chair of the committee of his decision.
For each case transmitted to him, the chair of the Dispute Resolution and Sanctions Committee designates a rapporteur among the agents of the Energy Control Board who have not known the procedure before.
This rapporteur shall bring the matter under the same conditions and in the same manner as those provided for in article R.134-10.
Meetings of the Dispute Resolution and Sanctions Committee shall be held in public unless the person prosecuted or by decision of the committee is requested.
The Chair of the Dispute Resolution and Sanctions Committee directs the discussions at meetings and deliberations.
The rapporteur shall present to the dispute resolution and sanctions committee the conclusions and means of the parties. He doesn't take part in the deliberation.
The member of the committee designated under section R. 134-30 attends the session. He submits his comments to support the reported grievances and may propose a sanction.
The person concerned may present, if any, the person of his or her choice, his or her oral observations.
The Disputes and Sanctions Committee may hear any person he or she considers appropriate hearing, including the applicant.
In all cases, the person in question and, where appropriate, the person in question must be able to speak last.
The decisions of the Dispute Resolution and Sanctions Committee under this heading are motivated.
Decisions ending the sanctions procedures shall be notified to the parties, or to their advice, if they have been designated during the proceedings, by registered letter with a request for notice of receipt or by any other means to attest to their date of receipt.
Depending on the gravity of the breach, they may be published in the Official Journal of the French Republic.
Section 7
Rules of procedure of the Dispute and Sanctions Committee
The Dispute and Sanctions Committee adopts its rules of procedure by a qualified majority of three quarters of its members.
These rules of procedure include:
- the modalities of referral;
- the procedure for the instruction of requests;
- the arrangements for convening, conducting meetings and deliberation;
- the consultation procedure to be followed when the committee is called upon to give, in accordance with the provisions of Article L. 132-5 of the Energy Code, its opinion on the incompatibility of the functions of one of its members with the mandates, jobs or interests that it otherwise holds or on the incapacity of one of its members.
Chapter V
Investigation and control powers
Section 1
Research and recognition of offences
A decision of the Chairman of the Energy Regulatory Commission empowers, among the officers placed under his or her authority or under the authority of the Chairman of the Dispute Resolution and Sanctions Committee with the necessary technical and legal knowledge, the investigators responsible for conducting, for the fulfilment of the duties entrusted to the commission, the investigations under section L. 135-13.
This decision specifies the purpose and duration of the authorization.
A decision of the Chairman of the Energy Regulation Commission empowers, among the officers placed under his or her authority or under the authority of the Chairman of the Dispute Resolution and Sanctions Committee with the necessary technical and legal knowledge, after the opinion of the Attorney of the Republic to the High Court of their administrative residence, the investigators charged, for the fulfilment of the duties entrusted to the commission, to search for or verify by record the offences under this Code.
The officers placed under the authority of the Chairman of the Energy Control Board or under the authority of the Chair of the Dispute Resolution and Sanctions Committee referred to in this section shall be sworn in before the High Court of their administrative residence.
The oath is as follows:
"I swear and promise good and faithfully fulfill my duties and observe in all their duties. I also swear to not reveal or use anything that will be brought to my knowledge in the exercise of my duties."
A title mentioning the authorisation, its object and its duration is issued by the Chairman of the Energy Control Board to the investigators appointed under sections R. 135-1 and R. 135-2. It can be renewed. He is immediately returned by the investigator in the event of the termination of the functions that warranted the authorization or in the event of his withdrawal.
The enabling title model is established by the Energy Control Board.
Mention of the swearing-in is, if any, brought in by the Registrar of the High Court.
The investigator is in possession of his title when performing his duties.
The authorization shall be withdrawn to the investigator by the authority that issued it when this measure is justified by the necessity of the service or in the light of the conduct of the investigator in the performance of his or her duties, after, in the latter case, that the person concerned has been able to present his or her observations.
- The Public Prosecutor of the High Court of the Administrative Residence of the Environmental Inspector is informed of the decision to withdraw.
The minutes provided for in sections L. 135-3 to L. 135-11 are notified within five days of their closure to the person(s) concerned by registered letter with acknowledgement of receipt or any other means to establish their date of receipt.
Minutes of failure pursuant to Article L. 135-12, prepared by agents of the Energy Control Board, are communicated to the chair of the Dispute Resolution and Sanctions Committee.
The Minister responsible for Energy sets out and makes public multi-year programming of production investments that sets the objectives for the distribution of production capacities by primary energy source and, where applicable, by production technology and by geographic area. This programming is designed to give way to decentralized production, cogeneration and new technologies. This programming is the subject of a report submitted to Parliament by the Minister for Energy in the year following any renewal of the National Assembly and a notice of the commissions of the two competent assemblies in the field of energy or climate.
The Minister for Energy makes public an assessment, by geographic area, of the potential for the development of electricity production lines from renewable sources, which takes into account multi-year investment programming.
The Public Electricity Transport Network Manager prepares, every two years, the multi-year forecast balance under section L. 141-8, under the supervision of the Minister for Energy.
This balance sheet has for territorial field continental metropolitan France and covers the fifteen years following the date on which it is made public by the manager of the public electricity transmission network.
The purpose of the multi-year forecast balance established by the manager of the public transport network is to identify the risks of imbalance between the needs of continental metropolitan France and the electricity available to meet them and, in particular, the power requirements to maintain below a defined threshold the risk of failure associated with a breakdown of the balance between supply and demand for electricity.
The failure threshold for the preparation of the forecast balance sheet is defined by an order of the Minister responsible for energy, after the advice of the Higher Energy Council.
The multi-year forecast balance prepared by the Public Transport Network Manager includes:
1° A comprehensive study on the balance between supply and electricity demand over the five years following the date on which the balance sheet is made public;
2° An analysis, over the entire period on which the balance sheet is carried out, of the needs for investments in electricity production necessary to ensure the safety of the electricity supply of continental France;
3° A geographic component of areas where local production and power transmission capabilities may be insufficient to meet local demand;
4° A study of the sensitivity of the results of the analysis mentioned at 2° to other failure thresholds than that used for the latter.
The in-depth study on the balance between supply and demand for electricity for the first five years following the date on which the forecast balance is made public characterizes the risk of failure. This includes the average failure duration, failure frequency translation, average failure power and average failure energy.
This study details the circumstances under which the risk of failure is highest, by analyzing the scenarios in which a failure is found.
It is updated annually by the manager of the public transport network, which relies on the most likely evolution prospects of supply and electricity exchange with foreign networks. To determine the prospects for these exchanges, the manager of the public transport network relies, inter alia, on the reports provided for in Article 4 of Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 as well as on data transmitted by the managers of European networks.
The analysis of the needs of investments in electricity production means necessary for the security of electricity supply of continental metropolitan France takes into account the evolutions of electricity consumption, supply of production and exchange of electricity with European networks.
During the preparation of the multi-year forecast balance sheet, the manager of the public transport network informs the Minister responsible for energy of the assumptions used in the evolution of electric consumption, by detailing, inter alia, the expected effects of the actions to control electric demand and the substitutions between energies, and the evolution of the production offer. The Minister for Energy may request the Public Transport Network Manager to study variations to the assumptions used.
With regard to exchanges with foreign networks, the multi-year forecast balance retains as a central assumption the cancellation of the electricity export balance at the point of consumption. Variants may be considered by the manager of the public electricity transmission network at his initiative or at the request of the Minister responsible for energy.
The geographic component of the forecast balance is for areas where local production and the capacity to transport electricity can be insufficient to meet local demand. These areas are determined by the manager of the public transport network, taking into account the conclusions of the public transport network development plan set out in section L. 321-6.
Additional areas may be considered at the request of the Minister for Energy.
For the purpose of establishing the multi-year forecast balance, the Public Transport Network Manager has access to all relevant information from public distribution network managers, producers, suppliers and consumers.
Producers operating or intending to operate electricity production facilities directly connected to the public transportation network or indirectly, through facilities owned by another user of that network, are required to inform the network manager of any project to commission new installations, to reactivate existing installations temporarily stopped, to discontinue the operation of existing installations or to make any changes affecting the performance of existing installations. They are required to provide the network manager, upon request, with information on the general technical characteristics of the facilities, the intended impact dates for the projects and, where applicable, the status of the administrative procedures related to these projects.
In addition, producers inform, on their own initiative and as soon as possible, the public transportation network manager of:
1° The issuance of the building permit of the main work intended to accommodate a new electricity production equipment;
2° The order for the supply of the main equipment of a new facility or the order of delivery of this main equipment if purchased as part of a grouped order, upon notification to the supplier;
3° Their intention is to stop the operation or change the power of certain facilities.
Producers operating or intending to operate facilities connected to a public distribution network are subject to the same obligations as those referred to in the preceding five paragraphs.
Energy providers shall, at their request, provide information on the mechanisms they implement or plan to implement that may affect the consumption of their customers, in particular pursuant to sections L. 221-1 and L. 221-7. These mechanisms include cutting-edge consumption, incentives for the transfer of full hours to hollow hours and incentives to energy savings. The information to be provided includes the modalities and timing of the implementation of these mechanisms and the expected quantitative effects.
Public distribution network managers shall provide to the manager of the public transportation network, at his request, information to provide for the removals and injections carried out by their own distribution network at the delivery points of the public transportation network. This information includes the prospects for local consumption and the development of production facilities connected to public distribution networks.
Electricity consumers make available to the manager of the public transport network, at the request of the public transport network, the elements to assess the evolution of the removals of the facilities connected to the public transport network. These elements relate to the prospects for maximum power and energy removed annually and the ability to phase out a portion of the consumption, specifying whether this capacity is the subject of a contract with an energy supplier and the name of that supplier.
The public transport network manager shall make the necessary arrangements to preserve the confidentiality of the information collected. In this context, the forecast balance may contain information in an aggregate form that does not affect the confidentiality of the basic information provided by each actor.
Pursuant to section L. 141-3, managers of public networks for the distribution of non-interconnected areas to the continental metropolitan network prepare, every two years, under the supervision of the Minister for Energy, a multi-year forecast for their respective service area.
This report covers the fifteen years following the date on which it is made public by the network manager concerned. It is updated annually for the next five years.
The manager of the public transportation network or managers of public networks for the distribution of non-interconnected areas to the continental metropolitan network shall send to the Minister responsible for energy the documents provided for in sections D. 141-3 and D. 141-10 and the annual updates provided for in sections D. 141-6 and D. 141-10 and shall be responsible for making them public in the manner they determine.
When providing the forecasting assessment referred to in section D. 141-3 to the Minister of Energy, as well as the annual update of the in-depth study referred to in paragraph 1 of section D. 141-5, the manager of the public transport network shall accompany these documents with a synthesis of the risks of imbalance between electricity needs and electricity available to meet them.
Public network managers for the distribution of non-interconnected areas to the continental metropolitan network do the same when they send the multi-year forecast balances for their respective service areas to the Minister responsible for energy and their annual updates.
Section 2
Programming of natural gas supply capabilities
The Minister responsible for energy shall, after consultation with interested professional representatives, establish and make public a multi-year indicative plan describing, on the one hand, the predictable evolution of the national demand for natural gas supply and its geographical distribution and, on the other hand, the planned investments to complement the infrastructure of the natural gas supply network, whether underground storage, liquefied natural gas terminals, pipelines This plan presents, subject to the secrets protected by law, the predictable evolution over the next ten years of the contribution of long-term contracts to the supply of the French market.
The report is submitted annually to Parliament by the Minister for Energy.
The Minister for Energy establishes and makes public multi-year programming of energy production investments used for the production of slurry. In particular, it sets out objectives by renewable energy production line and, where appropriate, by geographic area.
Chapter II
Monitoring the implementation of energy policy
Section 1
Access of the Government to the information needed for energy policy
The companies and organizations mentioned in Article L. 142-7 report the data provided for in 1° and 2° of the same article on 1 January and 1 July of each year. These data, developed in accordance with the provisions of Articles D. 142-2 to D. 142-9, are communicated within fifty days to the statistical service of the Ministry of Energy, which makes it synthesized and communicates to Eurostat within ten days.
The same companies and agencies communicate, every two years, the information provided in the 3rd of Article L. 142-7 to the statistical department of the Ministry of Energy, which transmits it to Eurostat.
The information referred to in the penultimate paragraph of Article L. 142-7 shall be communicated to the statistical department of the Ministry of Energy at its request.
The information referred to in the last paragraph of section L. 142-7 shall be communicated to the Minister for Energy at his request.
Natural gas data, submitted pursuant to Article D. 142-1, are developed in accordance with the following rules:
1° Only channel distribution is considered;
2° The prices that must be communicated are the prices paid by the end user;
3° The uses taken into account are all industrial uses;
4° Consumers who use gas are excluded from the system:
(a) For electricity generation in power plants, including cogeneration;
(b) For non-energy uses (e.g., chemical industry);
(c) In excess of 4,000 000 Gj/year:
5° The prices to be charged are the average prices paid by industrial end consumers for gas in the previous semester;
6° The prices as well as the distribution of consumers and volumes are based on a standardized consumption band system defined in 10° of this article;
7° Prices must include all charges to be paid: network usage fees and energy consumed diminished of potential discounts or premiums, plus other charges (counter rental, subscription fees, etc.); is not included the cost of the initial connection;
8 Prices must be expressed in euros per gigajoule (Gj). The energy unit used is measured on the basis of the higher calorific power (PCS);
9° Three price levels must be presented:
(a) The price excluding taxes and levies;
(b) VAT and other recoverable taxes;
(c) The price includes all taxes and VAT;
10° Gas prices are noted for the following categories of industrial end consumers:
| Tranche I1 | < 1000 | |
| Channel I2 | 1 000 | < 10,000 |
| Tranche I3 | 10 000 | < 100,000 |
| Tranche I4 | 100 000 | < 1000 000 |
| Channel I5 | 1 000 000 | < = 4,000 |
The statistical department of the Ministry of Energy communicates to Eurostat every two years, together with the second semester data, information on the compilation system for natural gas data.
This transmission also takes place if a major change occurred in the previous semester.
This information includes:
1° Description of the survey and its scope (number of supply companies studied, total percentage of the market represented);
2° The criteria used to calculate the weighted average prices;
3° The total consumption volume for each slice.
With regard to natural gas, the statistical department of the Ministry of Energy communicates to Eurostat once a year, together with the second semester data, information on the main average characteristics and the factors affecting the reported prices for each consumption bracket.
This transmission also takes place if a major change occurred in the previous semester.
This information includes:
1° The average load factors for industrial end consumers corresponding to each slice, calculated on the basis of the total volume delivered and the average maximum demand;
2° A description of the discounts granted for scarce supplies;
3° A description of fixed royalties, meter rental fees and any other charges at the national level.
With respect to natural gas, the statistical department of the Ministry of Energy communicates to Eurostat once a year, together with the second semester data, information on the rates and method of calculating and a description of the taxes applied on gas sales to industrial end-users.
This transmission also takes place if a major change occurred in the previous semester.
The description of the taxes paid includes three separate sections:
1° Taxes, levies, non-tax levies, royalties and other tax charges that are not indicated in invoices sent to industrial end-users; these elements are included in the figures for the price level "out taxes and levies";
2° Taxes and debits indicated in invoices provided to industrial end-users and considered unrecoverable; these elements are included in the figures notified for the price level "excluding VAT and other recoverable taxes";
3° Value-added tax (VAT) and other recoverable taxes indicated on invoices sent to industrial end-users; these elements are included in the figures for the price level "all taxes and VAT included".
Electricity data, provided pursuant to section D. 142-1, are developed in accordance with the following rules:
1° The prices that must be communicated are the prices paid by the end user;
2° The uses taken into account are all industrial uses;
3° The prices and the distribution of consumers and volumes are based on a standardized consumption band system;
4° The prices to be charged are the average prices paid by industrial end consumers for electricity in the previous semester;
5° Prices must include all charges to be paid: network usage fees and energy consumed, reduced any discounts or premiums, plus other charges (capacity costs, marketing, meter rental, etc.); is not included the cost of the initial connection;
6° Prices must be expressed in euros per kWh;
7° Three price levels are indicated:
(a) Price excluding taxes and levies;
(b) Price excluding VAT and other recoverable taxes;
(c) Price all taxes and VAT included.
In addition, the decomposition of the price excluding taxes and levies, such as the sum of the "network" prices and "energy and supply" prices, is also indicated:
(a) The "network" price is the ratio between prices for transport and distribution, as appropriate, and the corresponding volume of kWh per consumption bracket; if separate volumes of kWh per slice are not available, estimates should be provided;
(b) The "energy and supply" price is the total price diminished of the "network" price and all taxes;
8° Electricity prices are noted for the following categories of industrial end consumers:
| IA | < 20 | |
| IB | 20 | < 500 |
| IC | 500 | < 2,000 |
| ID | 2,000 | < 20,000 |
| IE | 20 000 | < 70,000 |
| IF | 70,000 | <= 150,000 |
With regard to electricity, the statistical department of the Ministry of Energy communicates to Eurostat every two years, together with the second semester data, information on the compilation system.
This transmission also takes place if a major change occurred in the previous semester.
This information includes:
1° Description of the survey and its scope (number of supply companies studied, total percentage of the market represented, etc.);
2° The criteria used to calculate the weighted average prices;
3° The total consumption volume for each slice.
With regard to electricity, the statistical department of the Ministry of Energy communicates to Eurostat once a year, together with the second semester data, information on the main average characteristics and the factors affecting the reported prices for each consumption bracket.
This transmission also takes place if a major change occurred in the previous semester.
This information includes:
1° The average load factors for industrial end consumers corresponding to each slice, calculated on the basis of the total volume delivered and the average maximum demand;
2° A description of the discounts granted for scarce supplies;
3° A description of fixed royalties, meter rental fees and any other charges at the national level.
With regard to electricity, the statistical department of the Ministry of Energy communicates to Eurostat once a year, together with the second semester data, information on the rates and method of calculation, and a description of the taxes applied on electricity sales to industrial end-users.
This transmission also takes place if a major change occurred in the previous semester.
The description of the taxes paid must include three separate sections and include any non-tax levies covering network costs and public service obligations:
1° Taxes, levies, non-tax levies, royalties and other tax charges that are not indicated in invoices sent to industrial end-users; these elements are included in the figures for the price level "excluding taxes and levies";
2° Taxes and debits indicated in invoices provided to industrial end-users and considered unrecoverable; these elements included in the figures notified for the price level "excl. VAT and recoverable taxes";
3° Value-added tax (VAT) and other recoverable taxes indicated on invoices sent to industrial end-users; these elements are included in the figures for the price level "all taxes and VAT included".
The Minister responsible for energy may communicate any document and information under the conditions set out in section L. 142-10.
Under the same conditions and in order to assess compliance with the provisions of sections L. 631-1 and L. 631-2, the Minister for the Sea may request to the persons concerned any documents and information relating to the carriage by sea of crude oil or petroleum products as well as to the maritime transport capabilities held or the quantities of processed crude oil.
The Minister for Energy shall, by order of the public servants under his authority, designate the persons authorized, throughout French territory, to make the findings and to prepare the minutes referred to in sections L. 142-10 to L. 142-16, L. 142-18, L. 631-3 and L. 641-3.
These officers must be category A staff and have the necessary scientific, technical and legal knowledge.
The order specifies the purpose of the authorization and its duration.
Officials appointed by the order referred to in R. 142-11 shall be sworn in before the administrative court of their administrative residence.
The oath is as follows:
"I swear well and faithfully to perform my duties and to observe in all their duties. I also swear not to reveal or use anything that will be brought to my knowledge in the exercise of my duties. »
In addition to the missions they carry out pursuant to Article R. 142-11, they provide assistance to persons authorized by the European Commission to carry out the examinations referred to in Article 18 of Council Directive 2009/119/EC of 14 September 2009 requiring Member States to maintain a minimum level of crude oil and/or petroleum products.
The Minister responsible for the Merchant Navy shall, by order of the public servants under his authority, designate persons who are authorized, throughout French territory, to make the findings and to prepare the minutes referred to in section L. 142-15.
These officers must be category A staff and have the necessary technical and legal knowledge. The order specifies the purpose of the authorization and its duration.
These officers are sworn in before the administrative court of their administrative residence.
The oath is as follows:
"I swear well and faithfully to perform my duties and to observe in all their duties. I also swear not to reveal or use anything that will be brought to my knowledge in the exercise of my duties. »
Orders made by the Minister for Energy or the Minister for Economics empower officials and agents under his or her authority with the necessary technical and legal knowledge to conduct investigations under section L. 142-20.
These orders specify the object and duration of the authorization.
Orders of the Minister for Energy empower, among officials and agents under his authority with the necessary technical and legal knowledge, after the opinion of the Public Prosecutor of the Republic to the Court of Grand Instance of their administrative residence, the investigators responsible for the investigation and examination by record of the offences under this Code relating to the gas and electricity markets and the public energy service.
Officials or officials so authorized shall be sworn in before the Court of Grand Instance of their administrative residence.
The oath is as follows:
"I swear and promise good and faithfully fulfill my duties and observe in all their duties. I also swear to not reveal or use anything that will be brought to my knowledge in the exercise of my duties."
A title mentioning the authorisation, object and duration of the authorisation is issued by the competent minister to the investigators appointed under sections R. 142-15 and R. 142-16. It can be renewed. He is immediately returned by the person concerned in the event of termination of the functions that justified the authorization or in the event of withdrawal of the latter.
The enabling model is established by the Minister responsible for energy.
- Mention of the swearing-in is, if any, brought in by the Registrar of the High Court.
The investigator is in possession of his title when performing his duties.
The authorization shall be withdrawn to the investigator by the authority that issued it when this measure is justified by the necessity of the service or in consideration of the conduct of the investigator in the performance of his or her duties, after, in the latter case, that the person concerned has been able to present his or her observations.
The Public Prosecutor of the High Court of the Administrative Residence of the Environmental Inspector is informed of the decision to withdraw.
The minutes provided for in sections L. 142-20 to L. 142-29 are notified within five days of their closure to the person(s) concerned by registered letter with acknowledgement of receipt or any other means to establish their date of receipt.
Minutes of failure pursuant to sections L. 142-30 and L. 142-37, prepared by officials or agents referred to in section L. 142-21, are communicated to the Minister for Energy.
Paragraph 2
Research and recognition of administrative violations and sanctions
Minutes and maximum penalties referred to in section L. 142-30 are communicated to the Minister for Energy.
Section 3
The Higher Council of Energy
Without prejudice to the provisions of Article R. 134-1, the Superior Council of Energy is consulted on:
1° All acts of a regulatory nature emanating from the Government, of interest to the electricity or gas sector, except those within the jurisdiction of the National Fund for Electrical and Gas Industries;
2° Decrees and decrees of a regulatory nature referred to in articles L. 221-1 to L. 221-9.
The Higher Energy Council may issue, at the request of the Minister for Energy, advice on the policy on electricity, gas and other fossil energy, renewable energy and energy savings. These notices are given to the Government.
A Renewable Energy Monitoring Committee is established within the Higher Energy Council to assess progress towards the target of 23% renewable energy in final energy consumption in 2020.
The Higher Energy Council includes:
1° Three deputies and two senators;
2° A member of the Council of State having at least the rank of councillor appointed by the Vice-President of the Council of State;
3° Four representatives of the departments concerned:
(a) The Director General of Energy and Climate, or his representative;
(b) Three representatives of interested departments other than the Department of Energy, appointed by the Commissioner of the Government to the Council on the basis of the nature of the file reviewed;
4° Five representatives of the local authorities, including three appointed on the proposal of representative associations of territorial elected representatives and two appointed on the proposal of representative associations of the communities interested in the production and distribution of energy;
5° Five representatives of energy consumers and registered associations for environmental protection;
6° Thirteen representatives of companies in the electric, gas, oil, renewable energy and energy efficiency sectors;
7° Five representatives of the electric and gas industries, appointed on the proposal of the most representative trade union organizations of this staff.
The members of the Superior Council of Energy other than those mentioned in 1°, 2° and 3° of section R. 142-22 are appointed by order of the Minister for Energy.
The duration of their term is five years. He's renewable.
However, the term of office of the members referred to in 4th R. 142-22 expires on the expiry of their elective mandate in the territorial community under which they were designated.
Members of Parliament sit on the council for the duration of their parliamentary mandate.
In case of incapacity, each member of the Higher Energy Council may be replaced by an alternate. Alternates, whose number is limited to three per member, are designated in the same form and for the same duration as the holders.
The Minister for Energy appoints, by order, the President of the Higher Council of Energy and the Vice-Presidents responsible for superseding him, from the incumbent members mentioned in 1° of section R. 142-22.
In the event that the President and Vice-Chairpersons are unable to attend, a session may be chaired by one of the above-mentioned incumbent members other than the Chairperson and Vice-Chairpersons or by one of the alternate members of the incumbent members mentioned in the 1st of section R. 142-22 chosen for the benefit of age. Otherwise, it may be chaired by the Secretary General of the Higher Energy Council.
The Director of Energy, or his representative, sits with the Superior Energy Council as Commissioner of the Government.
The Secretary General of the Higher Energy Council is appointed by the Minister responsible for energy among the members of his energy services.
A written summons is sent to the members of the Superior Energy Council fourteen frank days before the date of the meeting. The deadline is reduced to six free days in the event of an emergency.
The summons indicates the order of the day decided by the President on the proposal of the Government Commissioner. It is accompanied by the documents necessary for the examination of the listed cases. In the same forms and times, the Higher Energy Council may also be convened by the Minister responsible for energy.
The quorum is eighteen. It is checked at the beginning of the session. If it is not reached, the council shall deliberate validly without condition of quorum after a new convocation made within the period of six frank days referred to in R. 142-34, on the same agenda and specifying that no quorum will be required at the new meeting.
Rapporteurs are selected from government officials or officials concerned by the issues on the agenda.
The Board shall, as appropriate, adopt its rules of procedure, on the proposal of its Chair.
The operating costs of the Higher Energy Council are included in the State's general budget. The President of the Higher Energy Council proposes to the Minister for Energy, no later than January 31 of each year, a forecast statement of the Council's expenditures for the development of the next year's finance bill.
Chapter III
Protection measures in the event of a crisis
When, in the electricity sector, the Energy Control Board finds a serious and immediate breach of the safety and security of public transport and distribution networks, it proposes to the Minister responsible for energy the precautionary measures necessary for the return to normal operation of networks, in accordance with the provisions of section L. 143-5. The proposal specifies the object of the conservatory measure. The record forwarded to the Minister in support of the proposal includes the findings, minutes, transcripts, and any other document or information that has led to the achievement of the safety and security of the networks.
The Commission may also propose to the Minister in the same form the precautionary measures necessary to preserve the quality of the operation of the networks defined under sections L. 134-1, L. 321-4, L. 321-6 and L. 342-5.
Chapter IV
Organization of energy research
Section 1
National Energy Research Strategy
The Government transmits to Parliament an annual report on technological advances resulting from research on renewable energy development and energy control that promotes their industrial development. It presents the conclusions of this report to the Parliamentary Office for the Assessment of Scientific and Technological Choices.
Section 2
IFP Energies nouvelles et l'Ecole nationale supérieure du huile et des moteur
IFP Energies nouvelles is a public institution of the industrial and commercial state, under the supervision of the Minister for Energy.
The establishment is administered by a board of directors composed of sixteen members including:
1° Four state representatives:
(a) A representative of the Minister for Energy;
(b) A representative of the Minister for Industry;
(c) A representative of the Minister responsible for the budget;
(d) A representative of the Minister for Research;
2° Ten qualified personalities chosen because of their skills in the areas of activity of the institution;
3° Two employee representatives, including a representative of engineers and executives and a representative of workers, employees, technicians and masters.
The representatives of the State to the board of directors of the establishment, designated respectively by the ministers responsible for energy, industry, budget and research, are appointed by decree of the Minister responsible for energy.
The personalities chosen by virtue of their competence, four of which are designated by the Minister for Energy, three by the Minister for Industry and three by the Minister for Research, are appointed by order of the Minister for Energy.
Representatives of employees shall be elected in accordance with the provisions of Article R. 144-5.
The term of office of the board members is five years. This mandate is renewable.
Employee representatives are elected by the employees of the establishment who meet the requirements to be an elector on the IFP Energies nouvelles committee.
Electors who are eighteen years of age in office at the election date and who have been on duty for at least two years in the five years preceding the election date are eligible for election by the Board of Directors.
The election shall be held no later than fifteen days before the renewal date of the Board of Directors. Nominations are filed at the institution's headquarters no later than one month before the election date.
Voters are divided into two colleges. The first college consists of workers, employees, technicians and masters, the second of engineers and executives. Each of the colleges designates the representative of the corresponding category of employees to the board of directors, to which candidates must belong, as well as an alternate.
The election takes place by secret ballot, uninominal, in a tower.
Each application must be submitted by a trade union organization and be accompanied by proposals on the strategic directions and the general policy of the institution.
If the participation rate is less than 50 per cent, the results are not validated and a new ballot, to which candidates who are not presented by a trade union organization, is organized.
Challenges relating to the quality of electors, the eligibility and the regularity of electoral operations are within the jurisdiction of the court of proceedings.
In the event of an election cancellation, a new election will take place during the fourth week following the cancellation. Nominations must be filed at least 15 days before the date of the election.
In the event of a vacancy for any cause of the seat of a member of the Board of Directors, the replacement of the member for the remaining term of office shall be as follows:
1° If the member to be replaced represents the State or has been appointed as a result of his/her competence, he/she shall be replaced under the conditions provided for his/her appointment;
2° If he represents the employees, he is replaced by his alternate; in the event of an alternate failure, the seat remains vacant until the next election.
Members of the board of directors shall be reimbursed for travel or stay expenses incurred during meetings of the board under the conditions provided for civil servants of the State.
IFP's Board of Directors New Energy.
1° Defines general policy, sets strategic directions and controls the overall management of the institution;
2° Adopts the annual programme of activity of IPF New energies related to each of its statutory missions as well as the substantial changes to this program during the year;
3° Fixes, on the proposal of its president, the seat and the principles of the internal organization of IPF New energies and authorizes the creation and closure of establishments;
4° Stop its rules of procedure and the rules of procedure of the specialized committees of which it decides to establish, as well as the audit committee that is responsible for all matters of a financial and accounting nature;
5° Defines the recruitment, employment and remuneration regime for staff;
6° Adopts the forecast statement of income and expenditure;
7° Stop the annual accounts and consolidated accounts;
8° Authorizes, where they relate to amounts greater than or equal to five million euros, the following transactions:
(a) Emissions of securities that may alter the social capital of subsidiaries;
(b) Takes, extensions, discounts or transfers of participations in any company or other commercial group created or to be created;
(c) Investment transactions and disinvestment operations, regardless of their nature;
(d) The purchase or sale of any trade funds;
(e) Exchanges, with or without relief, relating to assets, securities or values, excluding cash transactions;
(f) Acquisitions and disposals of buildings;
(g) Loans, loans, credits and advances;
(h) The establishment of security rights, as well as bonds, endorsements, pledges and guarantees and, more generally, the conclusion of non-balanced commitments;
(i) Any decision to resort to arbitration, the conclusion of any transaction and the granting of any release;
9° At the nearest meeting following the decision, shall be informed of the transactions mentioned in the 8° above carried out by IFP New energies covering amounts between two and five million euros, or carried out by a company or a commercial group on which the establishment exercises exclusive or joint control within the meaning of Article L. 233-16 of the Commercial Code and covering amounts greater than or equal to two million euros;
10° Defines the mandate given to administrators representing the establishment in any company or commercial group on which it exercises exclusive or joint control within the meaning of Article L. 233-16 of the Commercial Code, for the examination of the forecast budget of the company or group and for all transactions mentioned in the 8° carried out by the company or the group covering amounts greater than or equal to five million euros or, with regard to the establishment of security rights,
11° The President shall be informed of any legal action that may have a significant effect on the situation of the establishment, whether it relates to the establishment or a corporation or a commercial group on which it exercises exclusive or joint control within the meaning of Article L. 233-16 of the Commercial Code.
The Chair of the Board of Directors shall communicate to each director all the documents and information necessary to carry out his or her mission.
The board of directors shall meet in ordinary session at least four times a year on the convocation of its president who sets the order of the play. At the request of the Commissioner of the Government or the Auditor General Economic and Financial, consideration of a particular issue is included on the agenda.
The board of directors may, in addition, be convened in a special session, on a specific agenda, at the initiative of its president or at the request of the Commissioner of the Government, the Chief of the General Economic and Financial Supervisory Mission or a third of the members of the board.
The use of a written consultation procedure may be decided on an exceptional basis by the President when the urgency requires consulting the board as soon as possible. In this case, members of the board of directors are consulted individually by any written means at the initiative of the president. The procedures for the implementation of this procedure are determined by the rules of procedure of the board of directors.
The sessions of the Board of Directors are chaired by its Chair. In the event of the absence of the latter, they are presided over by the dean of age and, in the event of a temporary or definitive impediment, by the administrator mentioned in the third paragraph of Article R. 144-16.
The board of directors may only validly deliberate if at least half of its members are present or participate in the session by means of videoconference or electronic communication allowing their identification and effective participation in collegial deliberation. If this condition is not met, the board of directors is again convened in the same forms and then validly deliberates on the same agenda regardless of the number of members present or represented or participating in the session by means of videoconference or electronic communication.
A member of the board of directors may give a written mandate to another member of the board of directors to represent him at a session. Each member of the board of directors may only have one term for a specified session.
The deliberations and decisions of the board of directors shall be taken by a majority of the votes of the members present or represented or participating in the meeting by means of videoconference or electronic communication under the conditions determined in the second paragraph. In the event of the equal sharing of votes, the chair of the meeting shall prevail.
The Commissioner of the Government and the Chief of the General Economic and Financial Monitoring Mission attend the meetings of the Board of Directors with an advisory vote. In case of incapacity, they may be represented by a person under their authority.
The chair of the board of directors may call to participate in the meetings of the board with an advisory vote any person whose presence it considers useful for the consideration of an agenda item.
Members of the board of directors interested in the matter that is the subject of a board's deliberation, either on their own behalf or as agents, cannot participate in this deliberation.
Directors respect the confidential nature of the information they receive.
The deliberations and decisions of the board of directors shall be recorded by a record and recorded in a record to that effect. The minutes, signed by a member of the board of directors who attended the meeting and by the chair of the sitting, are brought to the attention of the members of the board of directors, the Commissioner of Government, and the Auditor General Economic and Financial.
IFP Energies nouvelles is subject to the economic and financial control of the State provided for in Decree No. 55-733 of 26 May 1955 concerning the economic and financial control of the State.
The head of the general economic and financial control mission may object to any deliberation of a financial nature taken by the board of directors within five days of the meeting of the board of directors if he or she has attended or has been represented, or upon receipt of deliberation. The board of directors is informed of the opposition of the head of the general economic and financial control mission to be motivated.
A Government Commissioner, appointed by order of the Minister for Energy after the advice of the Minister for Industry and the Minister for Research, is placed at the institution.
Under the authority of the Minister for Energy, the Minister for Energy exercises supervision over the financial management of the establishment and the general direction of its activities and of the companies on which it exercises exclusive or joint control within the meaning of section L. 233-16 of the Commercial Code.
For the execution of his mission, the Commissioner of the Government has all the powers of investigation on exhibit and on site.
The Commissioner of the Government may attend meetings of committees referred to in section R. 144-20 of this Code or be represented therein. To this end, the summonses accompanied by the agendas, the minutes and all other documents are sent to it together with the other members of these bodies.
The Commissioner of the Government may object to any deliberation of the board of directors within five days of the meeting of the board if he or she has attended or has been represented there, or upon receipt of deliberation, and request a second deliberation. The board of directors is informed of the opposition of the Commissioner of the Government who must be motivated.
In the event of an opposition to one or more of the Board's deliberations, the Commissioner of Government immediately refers to the Ministers responsible for energy, industry and research. The Minister for Energy must make a decision within one month. In the absence of a decision notified to the President of the Board of Directors within that time, the Board's deliberation becomes enforceable.
A second deliberation of the board of directors on a point that has been the subject of an opposition on the part of the Commissioner of the Government cannot intervene before the expiration of one month after the first deliberation. If after this second deliberation the disagreement remains, it is brought before the Minister for Energy. If there is no express confirmation within one month of the adoption of the deliberation, the opposition shall be deemed to have risen.
By derogation from the provisions of Article 6 of Decree No. 55-733 of 9 August 1953 concerning the control of the State on national public enterprises and certain organizations having an object of economic or social order, the institution shall inform before the end of the first quarter of each year the ministers responsible for energy, industry, budget and research, who transmit this information to the commission mentioned in that same article, of the measures taken the previous year concerning the retirement status
The President of the Board of Directors is appointed to the Council by Order in Council of Ministers on the report of Ministers responsible for energy, industry and research.
He is appointed for the duration of his term as a member of the board.
In the event of a temporary or final impediment to the President of the Board of Directors, his or her function shall be performed by a director designated for that purpose by the council under the chairmanship of the dean of age. This administrator is responsible for the interim and has the only powers necessary for the proper operation of the establishment and for the regulation of routine business.
The board of directors may, within the limits it determines, delegate to its president some of the powers referred to in 3°, 5° and 8° to 11° of Article R. 144-8. The Chair of the Board of Directors must then report to the Board on the exercise of the transferred powers.
The Board of Directors may, under conditions that it sets, authorize the President to delegate to a co-worker designated by the Board any or part of the powers referred to in the preceding paragraph.
The President of the Board of Directors shall exercise the general direction of the establishment subject to the provisions of sections R. 144-2 to R. 144-23. It prepares the deliberations of the board of directors, implements the policy defined by the board and ensures the execution of its decisions.
The Chair of the Board of Directors is responsible for the preparation of the forecast statement of income and expenditure and the establishment's accounting records.
It represents it in justice and in all acts of civil life at the national and international levels.
The President of the Board of Directors may delegate his or her signature and a portion of his or her powers under conditions established by the Board of Directors.
He may be assisted by one or more deputy general directors whom he appoints.
Prior to their presentation to the Board of Directors, the institution's research programs are submitted for advice by the Chair of the Board of Directors:
1° A committee to review research projects related to the exploration and production of hydrocarbons, the production, refinement and use of petroleum products, their derivatives and substitutes and petrochemicals;
2° Has a scientific council for the assessment and monitoring of the scientific quality of the research programs of the institution. This scientific council also has the task of ensuring a science and scientific and technological outlook watch. It is chaired by an independent personality chosen by the President of the Board of Directors.
The composition, procedures for the intervention and dissemination of the advisory opinions of the committee to review the projects of research programs and the scientific council are determined by the board of directors.
For the financing of its missions, IFP Energies nouvelles has the following resources:
1° The budgetary appropriations of the affected State;
2° Public or private grants, donations and bequests;
3° Payments for services and services rendered to third parties;
4° Financial products or other accessories;
5° Any other resource within the scope of its object.
In financial and accounting management, IFP Energies nouvelles is subject to the rules applicable to industrial and commercial enterprises. It is obligated to establish its accounts in accordance with the General Accounts Plan and for consolidated accounts under the terms and conditions set out in sections L. 233-16 to L. 233-28 of the Commercial Code.
Each year, it prepares for the following year a forecast statement of revenues and expenditures that includes:
1° A result account and a detailed forecast balance;
2° A detailed funding plan, showing public allocations and other resources by nature for the institution's funding.
The control of its individual and consolidated accounts shall be carried out by two auditors and two alternate auditors, designated under the conditions set out in Article L. 823-1 of the Commercial Code.
The forecast statement of revenues and expenditures referred to in section R. 144-21 shall be determined by the board of directors of the establishment before December 31 of the year preceding the fiscal year in question. It is carried out by calendar year from January 1 to December 31.
If the forecast statement of revenues and expenditures has not become enforceable before the beginning of the year, the expenditure and revenue transactions are made monthly on the basis of the last approved budget according to the Twelfth Rule. However, if necessary, and after advice from the Comptroller General Economic and Financial, these operations may be carried out within the limits of the forecast in the project adopted by the Board of Directors.
The forecast statement of revenues and expenditures may be modified during the year by decision of the Board of Directors.
The Higher National Oil and Engine School is under the supervision of the Minister for Energy. Its seat is set at the IPF New Energy headquarters.
The purpose of the school is to ensure the training tasks of executives, engineers, master's officers and specialists in the areas of energy and transport that meet the needs of the industry, including in the areas of sustainable development and innovation.
It includes higher education centres defined by decree of the Minister for Energy.
The direction of the school is entrusted, under the authority of the Director General of IPF Energies nouvelles, to a director assisted by a development council.
The Director shall be appointed, by order of the Minister for Energy, for a period of three years, on the proposal of the Director General of IPF New energies, after consultation with the development council.
The Development Board shall include, under the chairmanship of the Director of Energy, in addition to the Director General of the Institution, the following twenty members, appointed for four years by order of the Minister for Energy:
1° Nine personalities selected from the leaders of the energy industry and its use;
2° Four personalities representing higher education or research;
3° Three elected representatives of school teachers;
4° Four old school students.
It also includes three representatives elected by the students, then appointed for one year by the Director of Energy.
The Learning Council issues all issues related to the general organization and development of the school's teaching programs and teaching methods of the opinion expressed to the Director General.
The terms and conditions for the election of representatives of the teaching staff and students are determined by order of the Minister for Energy.
Each centre is headed, under the authority of the school director, by a director, designated by the IPF Director General New energies, after advice from the Development Board and approval of the Energy Director.
The administrative management of the school is provided by IFP Energies nouvelles pursuant to articles 4 of the decrees of 28 February 1951 and 29 June 1951.
The teaching staff consists of professors, associate professors, affiliated professors, assistant professors appointed by the director of the school on the proposal of the director of the centre, after the advice of the development council and the general manager of IFP Energies nouvelles.
Orders of the Minister for Energy, taken after deliberation of the Development Board, set the rules for the organization of the school, in particular with regard to the conditions of admission to school, the plan of studies, examinations and conditions for graduation.
At the request of one of the representative organizations of employers or employees of the electrical and gas industries, or at the initiative of the ministers responsible for energy and labour, the provisions of a professional agreement entered into within these industries may, by joint decree of these ministers and after a reasoned opinion of the National Superior Commission of Electrical and Gas Industries Personnel referred to in Article L. 161-3, be made mandatory for all employees and all employers.
The opinion of the National Superior Commission for Electrical and Gas Industry Personnel is also required prior to the interdepartmental order provided for in Article L. 161-4.
Ministers responsible for energy and work may, under the conditions provided for in Article R. 161-1, make mandatory by joint order the amendments or annexes to an extended agreement.
The stipulations of collective agreements and agreements under an extension order are published.
The National Superior Commission for Electrical and Gas Industry Personnel includes:
1° Nineteen representatives of employees appointed on the proposal of trade union organizations of employees representative of this branch, taking into account their representativeness recognized by the results of the last elections of staff representatives;
2° Nineteen employers' representatives appointed on a proposal from the employer representative organizations of this branch, taking into account the number and number of employees in each of these sectors.
The members of the two colleges of the National Superior Commission of Electrical and Gas Industry Personnel referred to in R. 161-4 are appointed for three years renewable by the Minister responsible for Energy.
Alternate members, double the number of the incumbent members, are appointed under the same conditions. In the event of a member's absence, the organization represented designates a substitute in the list of alternate members.
When the National Superior Commission of Electrical and Gas Industry Personnel exercises its powers in collective bargaining, it is chaired by the Minister for Energy or his representative.
In this case, a representative of the Minister of Labour and representatives of representative national trade union organizations, other than those mentioned in the 1st of section R. 161-4, appointed by the Minister for Energy, attend the meetings on an advisory basis.
The committee shall meet at the invitation of the Minister for Energy, at the initiative of the Minister or at the request of the majority of the members holding one of the two colleges.
The provisions of Book III of Part II of the Labour Code relating to hygiene, security and working conditions committees are applicable to electrical and gas companies, as well as the provisions of Book III of the same Code relating to staff delegates and business committees, including those relating to the election of staff delegates and staff representatives to business or institutional committees, the powers of these bodies, the coordination of the activity of the various committees
However, these provisions apply on reserve and under the conditions specified in this chapter.
More favourable rules can be set by branch or business agreement.
The measures necessary for the application of the national status to all personnel of the electrical and gas industries that the Minister responsible for energy is authorized to take, in the event of necessity and until the intervention of an extended collective agreement, instead of professional employers' organisations and trade union organizations of representative employees, are as follows:
1° Measures relating to electoral operations and the timing of the election of members of the boards of directors of complementary mutual funds and social action and, where appropriate, to the temporary extensions of the terms of reference of the members of the boards of directors in place;
2° The measures applicable to all companies in the branch relating to the establishment of statutory personnel representation bodies within the electrical and gas companies and, where appropriate, to the temporary extension of the terms of reference of the members of these bodies.
As part of the establishments established within the common services referred to in Article L. 111-71, the employees of these services are eligible to be elected and eligible for the establishment of the establishment committees and staff delegates and participate in the establishment of hygiene, security and working conditions committees, under the conditions set out in sections R. 161-7 to R.161-11.
Business or establishment committees shall exercise their powers under the conditions laid down in the Labour Code, subject to the provisions of the national statute of the personnel of the electrical and gas industries relating to the management of social activities.
The provisions of this section define the terms and conditions for setting energy saving obligations referred to in Article L. 221-1 and Article L. 221-12 for the period between January 1, 2015 and December 31, 2017.
The amount of energy taken into account in setting energy saving obligations is:
1° Domestic fuel volumes sold in the national territory to households and enterprises in the tertiary sector;
2° The volumes of automobile fuels mentioned in the identification indices 11, 11 bis, 11 ter, 22 and 55 of Article 265 of the Customs Code, put to consumption on the national territory;
3° The volumes of liquefied petroleum gas fuel for automobiles mentioned in the identification indices 30 ter, 31 ter and 34 of section 265 of the Customs Code, put to consumption on the national territory;
4° The heat and cold volumes sold in the national territory to households and enterprises in the tertiary sector;
5° Electricity volumes sold in the national territory to households and enterprises in the tertiary sector;
6° Volumes of liquefied petroleum gas, other than those mentioned in the 3°, sold in bulk in the national territory to households and enterprises in the tertiary sector;
7° Natural gas volumes sold in the national territory to households and enterprises in the tertiary sector.
Sales under operating contracts with energy supply and energy management services are considered to be heat or cold sales to end-users.
A Minister of Energy Order specifies the conditions for the application of these provisions, including the terms and conditions under which, where the statistical data on a specific type of energy do not allow accurate knowledge of the share of such energy sales to households and enterprises in the tertiary sector, this share may be determined on a lump-sum basis.
For each calendar year of the period referred to in R. 221-1, persons for whom at least one of the quantities defined in R. 221-2 is greater in the same year, at the following thresholds:
1° For the amount of domestic fuel: 500 cubic meters;
2° For fuels other than liquefied petroleum gas: 7,000 cubic metres;
3° For the quantity of liquefied petroleum gas fuel mentioned in 3° of Article R. 221-2: 7,000 tons;
4° For the amount of heat and cold: 400 million kilowatthours of final energy;
5° For the amount of electricity: 400 million kilowatthours of final energy;
6° For the quantity of liquefied petroleum gas other than that mentioned in the 3°: 100 million kilowatthours of superior calorific power of final energy;
7° For the amount of natural gas: 400 million kilowatthours of superior calorific power of final energy.
For each calendar year of the period referred to in R. 221-1 and for each person referred to in R. 221-3, the obligation of energy savings, expressed in kilowatthours of cumulative final energy updated (or "kWh cumac"), is the sum, for all energies, of the amount referred to in R. 221-221 multiplied by the threshold mentioned in R. 221-221.
1° For domestic fuelling: 1 975 kWh cumac per cubic metre;
2° For fuels other than liquefied petroleum gas: 2,266 kWh cumac per cubic metre;
3° For liquefied petroleum gas fuel: 4 116 kWh cumac per ton;
4° For heat and cold: 0.186 kWh cumac per kilowatthour of final energy;
5° For electricity: 0.238 kWh cumac per kilowatthour of final energy;
6° For liquefied petroleum gas other than the one mentioned in the 3°: 0.249 kWh cumac per kilowatthour of maximum final energy calorific power;
7° For natural gas: 0.1553 kWh cumac per kilowatthour of superior calorific power of final energy.
The obligation of energy savings over the period referred to in R. 221-1 is the sum of the energy saving obligations of each calendar year of the period.
A person subject to an energy saving obligation under section R. 221-3 may:
1° Delegating its entire obligation of energy savings to a third party;
2° Delegating part of its energy saving obligation to one or more thirds; in this case, the volume of each partial delegation is greater than or equal to 5 billion cubic kWh.
Subject to the provisions of R. 221-7, a person who has delegated all of his or her individual obligation is no longer considered a person subject to an obligation of energy savings.
The request for a delegation of energy saving is forwarded to the Minister for Energy. It includes:
1° A contract signed by representatives of the delegant and those of the delegate, identified by their social reason and number SIREN, and specifying:
(a) The type of delegation, partial or total, of energy saving obligations;
(b) In the case of a partial delegation of obligation of energy savings, the volume of obligation delegated;
(c) In the case of a total delegation of obligation of energy savings, an estimate of the delegated volume;
2° The evidence to justify that the delegant is a person referred to in R. 221-3 and, in the case of a partial delegation, that the delegant's obligation exceeds the delegated obligation.
The Minister for Energy acknowledges receipt of the request and has a two-month deadline to respond to the request.
From the date of receipt of this response or, at the latest, on the expiry date of this period, a delegate is considered to be a person subject to an energy saving obligation for a volume of obligation equal to the sum of the delegated obligations. He cannot delegate his obligation to a third party.
In the event of a failure of the delegate, the individual obligations shall be borne by each delegate.
When it is terminated by the parties to the delegation contract, the individual obligation falls to the delegate and the delegate is no longer considered a person subject to an obligation of energy savings for that individual obligation. The Minister for Energy is informed by the parties of the termination of the obligation delegation contract within one month.
Each person subject to an obligation of energy savings under section R. 221-3 and having not fully delegated his or her obligation of energy savings shall address the Minister responsible for energy no later than March 1 of the calendar year following the end of the period referred to in section R. 221-1:
1° A statement indicating the quantities referred to in Article R. 221-2 taken into account in setting annual energy saving obligations for each calendar year of the period;
2° In the event of a partial delegation, a summary of the delegations of obligation of energy savings carried out in accordance with Article R. 221-5 which, for each delegation, includes the identity of the delegate and the volume of obligation delegated.
Each delegate referred to in section R. 221-6 shall address to the Minister for Energy no later than March 1 of the calendar year following the end of the period referred to in section R. 221-1, a summary list specifying for each delegate:
1° His social reason and number SIREN;
2° In the event of a total delegation, the quantities referred to in Article R. 221-2 taken into account in setting annual energy saving obligations for each calendar year of the period;
3° In the case of partial delegation, the volume of obligation delegated.
When a person referred to in section R. 221-3 ceases the activity that led to his or her submission to an energy saving obligation during the period referred to in section R. 221-1, the person shall inform the Minister responsible for energy within one month of the termination of that activity and shall transmit a document justifying the termination of the activity. She encloses a statement indicating the quantities referred to in R. 221-2 for the time of activity over the period and, if applicable, the identity of the activity registrant.
The provisions set out in sections R. 221-12 and R. 221-13 shall apply within three months of the declaration of termination.
The statements are certified by an accountant or auditor or by their public accountant for them.
Statements may be sent electronically, under the conditions established by a Minister of Energy order.
An order of the Minister responsible for energy, for the period referred to in R. 221-1, sets out the amount of the obligation to save energy. Subject to compliance with the provisions of sections R. 221-8 to R. 221-11, the order shall be made and notified to the persons concerned before 1 June of the calendar year following the end of the period.
The Minister for Energy makes public the list of people subject to energy saving obligations.
On July 1 of the calendar year following the end of the period referred to in section R. 221-1, the person responsible for maintaining the national register of energy saving certificates provided for in section L. 221-10 shall transmit to the Minister responsible for Energy a statement of account of each person to whom an obligation of energy saving has been notified under the conditions set out in section R. 221-12.
If the volume of energy saving certificates registered on the account allows the individual to fulfill his or her obligations, the Minister responsible for energy shall, by the person responsible for maintaining the national register, issue the cancellation of the corresponding energy saving certificates on his or her account, beginning with the certificates of energy savings that were the oldest emitted. This transaction is notified to the account holder by the national record holder.
The actions of the persons referred to in Article L. 221-7 that may result in the issuance of energy saving certificates are:
1° The conduct of standardized operations defined by decree of the Minister responsible for energy and with a flat value of energy savings determined in relation to the energy performance reference situation referred to in R. 221-16;
2° The realization of specific operations, when the action does not enter the field of a standardized operation;
3° Contribution to the programs referred to in Article L. 221-7.
The transactions that correspond only to compliance with the regulations in effect as of January 1, 2015 do not result in the issuance of energy saving certificates.
An application for energy saving certificates can only be applied to completed shares less than one year before the date of this application.
A single energy saving operation cannot result in several deliveries of energy saving certificates.
The value of energy saving certificates assigned to an operation is the sum of annual energy savings realized during the lifetime of the product or the duration of the service contract. This amount is expressed in kilowatt hours of final energy. Energy savings achieved in the years following the first year of life of the product or performance of the service contract are calculated by means of degressive weights determined by the Minister responsible for energy.
The energy performance reference status used to calculate energy saving certificates is:
1° In the case of work to improve the thermal performance of the envelope of an existing building, the overall state of the real estate park of the same nature and the level of performance of the materials or equipment implemented on the most recent date for which data are available;
2° In the case of power steering, regulation or recovery devices installed on existing fixed or mobile equipment, at the overall performance level of the fleet of these existing equipment;
3° In any other case, the technical and economic condition of the product or service market at the most recent date for which data are available, or the performance requirements imposed by the regulations in force where the latest data known to the market do not incorporate the effects of a regulation.
When a person engages in actions in a specific operation to achieve energy savings, they can only be taken into account for the issuance of energy savings certificates if the savings realized offset the cost of the investment after more than three years.
The value of energy saving certificates can be weighted according to the nature of the beneficiaries of energy savings, the nature of energy saving actions and the energy situation of the geographic area where economies are realized, under conditions agreed by the Minister responsible for energy.
The actions set out in the penultimate paragraph of section L. 221-7 may result in the issuance of energy saving certificates under conditions fixed by order of the Minister responsible for energy if they have not received investment assistance from the Environment and Energy Management Agency, particularly within the framework of the Fund to Support the Development of Production and Energy.
The amount of certificates awarded for each operation shall be determined in accordance with the provisions of articles R. 221-16 to R. 221-18.
Notwithstanding the repeal of the Energy Savings Action Plans issued pursuant to the provisions of Article 5 of Decree No. 2010-1664 of 29 December 2010 relating to Energy Savings Certificates, for certain long-term operations, the approval of an Energy Savings Action Plan may be extended until 31 December 2016
The Minister for Energy may, at the request of the licensee, amend the provisions of the licence.
The request for energy saving certificates is addressed to the Minister for Energy.
A Minister of Energy Order defines the list of documents in the file accompanying the application file, as well as the list of documents that must be archived by the applicant to be made available to the inspection officers upon filing the application for energy saving certificates.
The application may be sent electronically, subject to the conditions set by order of the Minister for Energy.
An application for energy saving certificates only covers one of the categories referred to in R. 221-14.
Any energy saving certificate applicant has an account in the National Energy Savings Certificate Register.
The applicant for energy saving certificates must, in support of his application, justify his active and incentive role in carrying out the operation. It is considered an active and incitative role to be any direct contribution, whether by nature, made by the applicant or through a person who is contractually bound to it, to the person benefiting from the energy saving operation and allowing the execution of the energy saving operation. This contribution must have occurred prior to the initiation of the operation.
The Minister for Energy acknowledges receipt of the application. From the date of receipt of a complete record, the Minister responsible for Energy issues the certificates within the time limit of:
1° Six months for requests for specific operations;
Two months for other applications.
The minimum volume of energy savings that may be subject to a demand for energy saving certificates is fixed by order of the Minister responsible for energy. This threshold may be different depending on the nature of the actions defined in R. 221-14.
By derogation, any energy saving certificate applicant may file once a calendar year:
1° An application whose volume is below the threshold for standardized operations;
2° An application whose volume is below the threshold for specific operations;
3° An application whose volume is below the threshold for contribution to the programs referred to in section L. 221-7.
The volume of energy saving certificates issued under the information, training and innovation programs referred to in the twelfth, thirteenth and fourteenth paragraphs of Article L. 221-7 shall not exceed 140 billion kilowatt hours of updated cumulative final energy (cumac) for the period referred to in R. 221-1.
The energy saving certificates issued are valid until they have been completed, from the date of issue, three periods of realization of the national energy saving objective.
Section 3
National Register of Energy Savings Certificates
The State may, pursuant to Article L. 221-10, entrust a delegate of the mission to establish and maintain a national register of energy saving certificates, on which all deliveries or transactions relating to energy saving certificates are recorded in a computerized and secure manner.
This mission includes:
1° Opening, holding and closing accounts of energy saving certificate holders;
2° The recording of all transactions corresponding to these accounts in order to reveal, by distinguishing the certificates of energy savings obtained for transactions carried out for households in energy precarious situations:
(a) The credit of the holders' accounts, after issuance of energy saving certificates;
(b) Transfer of energy saving certificates between account holders;
(c) The cancellation, on instructions from the Minister responsible for energy, of energy savings certificates on an account;
3° The provision of information provided for in Article L. 221-11.
The delegate takes the necessary steps to ensure the confidentiality of the information he collects in the exercise of his mission and to prevent any use of this information, including within him, for activities outside the mission.
The cost of setting up and maintaining the national register is covered by account fees charged to account holders of the accounts, the amount of which is fixed by the Minister responsible for energy.
In addition to, where applicable, the remuneration of the delegate, these costs include only the share of the pre- and development costs attributable to that mission and the costs directly related to the administrative operation and maintenance of the registry.
The Minister for Energy shall communicate to the delegate for registration in the register:
1° The list of persons to whom it issued energy saving certificates and the number of certificates issued to each of them, distinguishing the energy saving certificates obtained for operations carried out for households in energy precarious situations;
2° Orders taken under article R. 221-12;
3° Upon the expiry of the period referred to in R. 221-1, the list of certificate holders who have fulfilled their energy saving obligations by distinguishing the energy saving certificates obtained for operations carried out for households in energy precarious situations, in order to cancel the corresponding certificates, in accordance with the second paragraph of R. 221-13.
On the occasion of each transaction involving one or more certificates, account holders are required to inform the registry manager of the number of certificates assigned and their selling price.
The delegate maintains, on an ongoing basis, the Minister responsible for Energy, information relating to open accounts, their holders, the number of energy saving certificates held and the transactions carried out, distinguishing the energy saving certificates obtained for operations carried out for households in energy precarious situations.
In the event of failure to comply with the obligations set out in sections R. 221-8 to R. 221-11, the Minister for Energy shall continue to comply with the obligations within a time limit that the Minister determines.
If the person concerned fails to comply with this provision within the specified time limit, the Minister responsible for Energy, who may order the payment of a fine equal to the limit set out in section L. 222-2, shall establish the declarations provided on the basis of the data at his disposal and notify the person concerned. If, within a period of fifteen days from the date of receipt of this notification, the person concerned shall not transmit any statements made in accordance with the provisions of this section, the statements made by the Minister responsible for energy shall be satisfied.
The penalty provided for in Article L. 221-4 is set at 0.02 euro per kilowatthour of cumulative final energy updated (cumac).
Section 2
Control of the regularity of the issuance of energy saving certificates
The provisions of this section are applicable to energy saving certificates issued for energy saving operations commenced on or after January 1, 2012.
The first holder of a Energy Savings Certificate shall be made available to the inspection officials and officers all supporting documents relating to the implementation of each action for a period of six years from the issuance of the Energy Savings Certificate. The supporting documents to be archived by the first holder of a Energy Savings Certificate are defined by decree of the Minister responsible for Energy.
In addition, technical and financial data relating to energy saving actions carried out may be requested by the Minister responsible for energy to the first holder of a certificate of energy savings for the purpose of evaluating the device.
Controls are intended to identify any deficiencies associated with the issuance of energy saving certificates.
It is considered a breach for a first holder of energy saving certificates to have obtained certificates without having complied with the provisions of section 2 of Chapter I, including those relating to standardized operations referred to in section R. 221-14 or those relating to the composition of an application for energy saving certificates referred to in section R. 221-22.
The Minister responsible for Energy shall notify the first holder of energy saving certificates of the list of operations covered by the control or perimeter, which may be defined by the title and reference of a standardized operation, the category of beneficiaries of energy savings, a geographic area corresponding to one or more departments, a period of commitment of energy savings or a period of issuance of certificates.
This notification remains to be sent to the Minister responsible for energy, within one month, for each operation of the controlled sample, the supporting documents fixed by order.
For each energy saving operation of the sample referred to in section R. 222-7, the Minister for Energy establishes the volume of energy saving certificates. If the Minister does not see any breach of the necessary elements for the establishment of this volume and if the volume of energy saving certificates that he establishes is not less than the volume that was awarded, the volume of energy saving certificates issued for the operation is confirmed. In all other cases, it is reduced to zero.
If the first holder of energy saving certificates does not transmit all of the documents referred to in R. 222-7 within the specified time limit, the volume of energy saving certificates for the transaction concerned is also reduced to zero.
The conformity of the sample shall be assessed on the basis of the sum of the volumes of energy saving certificates of each of its operations, established in accordance with the provisions of the first two paragraphs of this Article. The sample is deemed to be in compliance if the ratio between the sum of energy saving certificate volumes established for sample operations and the sum of energy saving certificate volumes issued for the same operations is:
1° For operations in 2012, greater than 91.5 per cent;
2° For transactions commenced on 1 January 2013, greater than 95%.
When the sample is not deemed to be compliant, the Minister of Energy remains the interested party to provide, within one month, evidence of regulatory compliance with energy saving operations for which deficiencies have been found.
At the same time, the period provided for in R. 221-22 is suspended for applications for energy saving certificates filed by the individual and not yet issued.
If the operations of the controlled sample fall under an approved Energy Savings Action Plan, pursuant to section R. 221-21, the Minister responsible for Energy suspends the approval of this Energy Savings Action Plan until proof of the sample's compliance or compliance is established.
If the evidence of regulatory compliance referred to in section R. 222-9 is not made within the specified time limit or if the documents produced do not allow the sample to be compliant under the conditions set out in section R. 222-8, the Minister for Energy may impose the monetary penalty provided for in section 1, L. 222-2.
In addition, the person concerned is required, upon the continued implementation of the Minister responsible for energy, to submit within one month the means it envisages implementing to avoid the recurrence or defects found. The Minister for Energy may, in the absence of a delay in the release of this order, impose a monetary penalty under section L. 222-2.
The amount of this penalty is calculated by application of the formula:
"S 2 = 0.04 euro × (volume of energy saving certificates issued for sample operations - volume of energy saving certificates established by the Minister responsible for energy, if any, after the production of evidence referred to in R. 222-9)."
The Minister for Energy may also issue a rejection of applications for energy saving certificates that have been suspended under the second paragraph of section R. 222-9.
Where applicable, the interested party is also required to file a request for an amendment to the approved energy savings plan within one month, upon a stay of the Minister responsible for energy. If the application for an amendment to the approved energy savings plan has not been submitted within the time limit, or if this request is not admissible, the Minister for Energy shall withdraw the approval of the energy savings plan.
The decisions of the Minister for Energy on the monetary penalties provided for in Article L. 222-2 may be appealed to the Council of State for full jurisdiction and a request for a referendum to suspend their execution. This request is suspensive.
This chapter does not include regulatory provisions.
The data used to determine the value of the criteria set out in section L. 233-1 are those for the last completed accounting years and are calculated on an annual basis. They are taken into account from the closing date of the accounts and comply with the following definitions:
1° The workforce corresponds to the number of work units per year (UTA), i.e., the number of persons who have worked in the corporation or on behalf of that full-time corporation throughout the year. The work of people who have not worked throughout the year or have worked part-time, regardless of their duration, or seasonal work, is counted as UTA fractions;
2° The deducted turnover is calculated excluding value-added tax (VAT) and excluding other indirect duties or taxes, for the amount of billing made to natural persons and legal persons;
3° The total balance sheet is considered for its consolidated value.
A company conducts the energy audit under section L. 233-1 where, for the last two accounting years prior to the audit date, it meets one of the following two conditions:
- its staff is greater than or equal to 250 persons;
- its annual turnover exceeds 50 million euros and its balance sheet exceeds 43 million euros.
The method for carrying out the energy audit referred to in Article L. 233-1 is defined by decree of ministers responsible for energy and industry.
The audit covers at least 80% of the amount of energy bills paid by the company, as identified by its SIREN number. However, for audits conducted prior to December 5, 2015, this coverage may be reduced to 65%.
The activities included in the perimeter referred to in Article D. 233-3 are not covered by an energy management system in accordance with the NF EN ISO 50001:2011 standard certified by an organization accredited by a body signatory to the multilateral European agreement taken in the framework of the European coordination of accreditation bodies.
If all activities of the perimeter are covered by a certified energy management system, the company is exempt from the obligation to conduct the energy audit.
An energy audit that meets the requirements set out in Article D. 233-3 and is carried out within the framework of an environmental management system in accordance with the NF EN ISO 14001:2004 standard certified by an organization accredited by an organization signatory to the European multilateral agreement as part of the European coordination of accreditation bodies is deemed to be in compliance with the provisions of this chapter.
Can be recognized as competent to conduct an energy audit under the conditions set by order of the Minister responsible for energy:
1° An external provider with a sign of quality that meets a repository of requirements for means and skills, and issued by an organization accredited by an organization signatory to the multilateral agreement taken in the framework of the European coordination of accreditation bodies;
2° Internal staff at the company.
Individuals performing the energy audit cannot participate directly in the audited activity on the site.
The company transmits to the prefect of the settlement region of its head office or, if its head office is located outside France, to the prefect of the Ile-de-France region:
1° The definition of the scope under Article D. 233-3;
2° The synthesis of the energy audit report, in a format defined by decree of the Minister responsible for energy;
3° If applicable, a copy of the certificate of conformity to the NF EN ISO 50001:2011 or NF EN ISO 14001:2004 validly issued by the certifying body;
4° The audit report, if the transmission is made electronically.
The documents mentioned above are transmitted in one time.
The company retains audit reports for a minimum period of eight years. It shall transmit them to the authority referred to in the first paragraph, at its request, within fifteen days.
Companies with a certificate of compliance with the NF EN ISO 50001:2011 standard that is valid as of 5 December 2015 and issued before 1 January 2015 by an not yet accredited certification body are exempt from the requirement to conduct the energy audit, if this body has filed an application for accreditation for the subject area no later than 5 September 2014 and has received a positive decision on the operational admissibility of the application by 5 December 2015.
The quality sign referred to in Article D. 233-6 may be issued by a non-accredited body, if the organization filed an application for accreditation for the area concerned no later than 5 July 2015 and received a positive decision on the operational admissibility of the application by 5 December 2015.
Electrical and gas infrastructure network managers conduct, under the conditions set out in this section, an assessment of the energy efficiency potential of the infrastructure they operate, in particular with regard to transport, distribution, load and interoperability management, and the connection of electricity production facilities, including access opportunities for micro-energy production facilities.
The Electricity Network Manager estimates the potential for energy efficiency of drivers and network transformation stations, which it manages, using measurement campaigns, energy flow modelling on this network or an analysis of the hardware park.
It calculates the volume of technical losses for the years 2011 to 2013, if possible by voltage level, and identifies the potential for achievable savings based on industrial technologies available at the date of the evaluation.
The gas infrastructure manager estimates the potential for energy efficiency of transport and distribution networks, methane terminals and underground storage of natural gas that it operates, using measurement campaigns, energy flow modelling on these infrastructures, an analysis of operating data or an analysis of the equipment fleet.
It determines the volume of energy losses and consumption associated with the infrastructure it operates, for the years 2011 to 2013, and identifies the potential for achievable savings based on industrial technologies and operating methods available as of the date of the assessment.
By derogation from articles D. 233-11 and D. 233-12:
1° When the energy audit referred to in chapter III of Book II, title III focuses on the energy efficiency of the power grids or gas infrastructure operated by the manager, the conduct of this audit is an assessment of the energy efficiency potential;
2° When the infrastructure manager receives a certificate of compliance with the NF EN ISO 50001/ 2011 standard issued by a certification body, meeting the conditions referred to in Article D. 233-4 or Article D. 233-8 and the scope of activities covered by the certified energy management system integrates electricity networks or gas infrastructure, this certification shall be used to assess the potential for energy efficiency.
The infrastructure manager who justifies the start of the energy audit process or its certification referred to in the preceding paragraphs is deemed to have fulfilled its obligation to carry out an assessment of the energy efficiency potential of the infrastructure it operates, provided that this process has been completed by December 5, 2015.
Following the evaluation, audit or certification, the infrastructure manager sets out concrete measures and investments to introduce cost-effective improvements to the energy efficiency of its infrastructure. It takes, in particular, into account the security, quality of service or environmental impact constraints. These measures may include the choice of equipment, network and infrastructure development solutions or the operating patterns of these networks and infrastructure.
The infrastructure manager establishes a forecast schedule for the implementation of these measures.
The infrastructure manager shall transmit to the Minister for Energy, as well as to the organizing authorities of the public electricity distribution network referred to in section L. 322-1 of the energy code, upon request, in electronic format:
1° An assessment of the potential for energy efficiency achieved;
2° The forecast schedule for the implementation of the measures referred to in Article D. 233-14.
The infrastructure manager makes public a summary of the assessment of the potential for energy efficiency, of the part of the energy audit on electricity networks or gas infrastructure, or of the identification of energy saving potentials conducted during the certification process on its website, if any.
The infrastructure manager ensures a follow-up of the recommended measures and is available to the Minister responsible for Energy and the relevant distribution authorities a report of this follow-up every four years.
Electrical or gas infrastructure management undertakings may carry out the assessment of the energy efficiency potential of the infrastructure that they operate under the conditions set out in this section and carry out the audit in accordance with section 1 of this chapter for energy uses other than infrastructure uses.
Private urban heating contracts to which the provisions of sections L. 241-2 to L. 241-5 are not applicable under section L. 241-7 are the following:
1° The owner of the urban heating facility is a private person;
2° The contract concluded by the operator of a calorific or refrigerated energy production facility is the exclusive purpose of transporting this energy to the customer-owned installations;
3° The operator supports the first establishment charges;
4° The urban heating system serves several subscribers;
5° The owner of the urban heating system and subscribers are legally distinct.
Private contracts for the production and distribution of industrial fluids to which the provisions of sections L. 241-2 to L. 241-5 are not applicable under section L 241-7 relate exclusively to the provision of the thermal fluids necessary for the development of a product and, where applicable, to the maintenance of the environment conditions necessary for the manufacture of this product.
For the purposes of Article L. 241-3, the duration of the contract may be increased to sixteen years when work is performed:
1° Seeking the use of new energies or techniques;
2° Training an energy economy of at least 20%;
3° For which the value of the investment is greater than or equal to 50% of the value of the energy consumed annually, calculated on the basis of the average consumption of the three years prior to the commissioning of the renovated facility; and
4° Funded up to at least 80% of their total amount by the operating party.
Contracts for heating operations concluded or renewed, even tacitly, after June 30, 1981 include the following clauses:
1° The licensee shall maintain the equipment of the facilities, as well as the clean-up and maintenance of the premises at its disposal;
2° The licensee maintains the balance of facilities and ensures control of automatic control systems;
3° The licensee undertakes to leave the installation in normal maintenance and operation at the end of the market;
4° The customer shall provide at his or her own expense all services and supplies not included in the price, necessary for the proper operation of the facility.
Contracts of operation with interest, concluded or renewed, even tacitly, after 30 June 1981 and whose characteristics are defined in 1°, 2° or 3° of this article, shall, in addition to the clauses referred to in article R. 241-3, include the following clauses:
1° Contract whose fuel consumption amount is valued at a unit price based on the amount of heat provided by count and whose driving and maintenance benefits are the subject of a lump sum regulation.
Clause: "For each heating season, the fuel consumption required for the heating of the premises is adjusted at a unit price expressed in euros per kilowatt hour measured in the counter, the corresponding amount being increased or decreased depending on the difference (economy or excess) between the amount of heat actually used for the heating of the premises and the amount of heat theoretically necessary for the heating of the premises during the actual heating period in the climatic conditions of the season concerned.
The same unit price retributes the supply of sanitary hot water in case the heat required for this supply is counted by the same meter. » ;
2° Contract in which the supply of the fuel is distinguished, on the one hand, the amount of which is valued at unitary prices based on the quantities delivered, and on the other hand, the services of conduct and maintenance, which are the subject of a lump sum settlement.
Clause: "The supply of fuel is set at a unit price expressed in euros per unit of measurement of the fuel delivered ( cubic metre, ton, etc.). For each heating season, the corresponding total amount is increased or decreased depending on the difference (economy or excess) between the amount of fuel actually consumed for the heating of the premises and the amount of fuel theoretically needed for the heating of the premises during the effective duration of the heating in the climatic conditions of the given season. » ;
3° Operating contract including driving and maintenance benefits without supply of fuel or energy.
Clause: "For each year, driving and maintenance services are paid at a global price increased or decreased depending on the difference (economy or excess) between the amount of heat or fuel actually used for the heating of the premises and the amount of heat or fuel theoretically necessary for the heating of the premises during the effective heating period under the climatic conditions of the season concerned. »
The heating operation contracts that contain a total warranty clause for equipment, concluded or renewed, even tacitly, after June 30, 1981 include, in addition to the clauses referred to in sections R. 241-3 and R. 241-4, the following clause: "The maintenance and renewal work required for the maintenance of works in good working condition throughout the performance period of the market shall be the responsibility of the operator. As a result, it is committed to doing its maintenance business alone and in its entirety in the perfect state of service of the facilities. »
For the purpose and for the purposes of this subsection, a "collective building equipped with a common heating" is a building that includes at least two premises intended to be privately occupied and heated by the same installation and a "privately occupied premises" is constituted by the room or all of the rooms reserved for the exclusive enjoyment of natural or legal persons.
Any collective building for main use of dwelling equipped with a common heating to all or part of the premises occupied in a private capacity and providing each of these premises with a quantity of heat adjustable by the occupant is equipped with appliances to individualize the collective heating costs.
These devices allow to measure the amount of heat supplied or a representative size of it.
The provisions of Article R. 241-7 shall not apply:
1° To hotels and homes;
2° To collective buildings that were the subject of an application for a building permit filed after 1 June 2001;
3° To buildings in which it is technically impossible to measure the heat consumed by each space taken separately;
4° To buildings in which it is technically impossible to put a device enabling the occupants of each local to significantly modulate the heat provided;
5° To buildings equipped with a mixed heating system including a collective equipment supplemented by fixed heating equipment whose operating costs are borne directly by the occupants;
6° To collective buildings that have been the subject of a request for a building permit filed before 1 June 2001, whose heating consumption is less than a threshold fixed by order. If this condition is not met during the first determination of consumption, only important work to improve energy performance can justify a further review of compliance with this condition.
A joint decree of the ministers responsible for energy and construction defines the cases of impossibility mentioned in 3° and 4° as well as the 6° threshold. It also specifies the terms and conditions for the distribution of heating costs under section R. 241-13 as well as the terms and conditions of information of the occupants.
If the threshold defined in section R. 241-8 is exceeded, and before any installation of the appliances provided for in section R. 241-7, the heat transmitters, when technically possible, shall, at the expense of the owner, be equipped with control bodies according to the inner temperature of the part, including thermostatic valves in working condition.
The commissioning of the devices provided for in section R. 241-7 shall take place by December 31, 2016.
Surveys of these devices may be carried out without the need to enter the private premises.
The devices provided for in section R. 241-7 are in compliance with the control regulations for measuring instruments.
In collective buildings equipped with appliances provided for in section R. 241-7, heating costs related to the joint installation are divided, on the one hand, into fuel or energy costs and, on the other hand, in other heating costs such as the costs related to the conduct and maintenance of heating facilities and the costs related to the use of electrical energy (or possibly other forms of energy)
Fuel or energy costs are distributed among the premises served by distinguishing common costs and individual costs.
The common fuel or energy costs are obtained by multiplying the total fuel or energy expenditures by a coefficient equal to 0.30. In the case of buildings for which measuring devices such as those referred to in section R. 241-7 have already been installed, the coefficient chosen between 0 and 0.50 at the time of installation of these devices is retained. However, the general assembly of co-owners or the manager of a fully rental building may replace the original coefficient with the coefficient of 0.30.
Common costs are apportioned under the conditions established by the co-ownership regulations or documents taking place.
The total of the individual costs is the difference between the total fuel or energy costs and the common costs. This total is divided according to the indications provided by the devices provided in R. 241-7, the thermally unfavourable situations or configurations of the premises that may be taken into account.
The other heating costs listed in R. 241-12 shall be apportioned under the conditions established by the co-ownership regulations or documents taking place.
For the purpose and purpose of this subsection:
- a "collective building with a common hot water distribution" is a building that includes at least two privately occupied premises and supplied with hot water by the same installation;
- a "privately occupied space" is constituted by the room or all of the rooms reserved for the exclusive enjoyment of natural or legal persons;
- "class A buildings" are the buildings that have been the subject of a request for a building permit, a request for an extension of a building permit or a preliminary declaration of work within the meaning of former article L. 430-3 of the urban planning code after June 30, 1975;
- all other buildings fall under Class B.
Except in the exceptions provided for in sections R. 241-18 and R. 241-19, in collective buildings where the production of hot water is common to all or part of the privately occupied premises, the fuel or energy costs associated with the provision of hot water are distributed between these premises proportionally to the direct or indirect measure of the amount of hot water provided to each of the premises, or the amount of heat provided for
Where the conditions for the supply of hot water do not allow to know the share of the fuel or energy costs incurred in the price of this supply, this share is subject to a flat estimate of at least two thirds of the total price of the hot water provided by the common installation of the building.
This section does not derogate from the provisions, conventions or uses in force for the apportionment of fixed or non-fixed costs and charges relating to the provision of hot water other than the fuel or energy costs mentioned above.
The provisions of Article R. 241-16 are applicable to all Class A collective buildings; These, of construction, shall be equipped with the necessary devices for direct or indirect measurement.
The provisions of Article R. 241-16 are applicable to Class B collective buildings that must be equipped with the equipment necessary at least since 15 September 1977.
It can be derogated, for the whole of a building or for all buildings served by the same hot water production facility:
1° If the number of measuring points required for the application of section R. 241-16 is twice the number of privately occupied premises served by that facility;
2° Or if, for more than 15% of the measuring points, pipelines do not meet the accessibility conditions set by order of the Minister responsible for construction and housing.
It may be derogated, by order of the Minister for Construction and Housing and the Minister for Energy, from the provisions of section R. 241-16 to:
1° Class B collective buildings with only two privately occupied premises;
2° The premises are dependent on a hotel business.
An order of the Minister for Energy sets out the rules for the construction and use of the equipment necessary for the application of this subsection, as well as the terms and conditions of their control, to the extent that these devices do not fall under the regulations enacted by the decree of November 30, 1944 concerning the control of measuring instruments.
The provisions of this subsection apply:
1° To residential premises other than those mentioned in section R.* 111-1-1 of the Construction and Housing Code;
2° To premises that are not for use in dwellings other than those mentioned in article R.* 111-20 of the same code.
For the purpose and for the purposes of this subsection, the "regulation of a heating system" consists of one or more devices that automatically regulate the provision of heat in the premises according to external and internal temperatures, or one of these temperatures and, where applicable, other elements such as sunshine. The "power of a heating system" is defined as the product of the amount of fuel consumed at the maximum continuous working time by the lower calorific power of that fuel.
Any heating system of more than 30 kW shall have a control device.
Any heating system with a power greater than 250 kW and serving residential premises shall have a control device that is at least dependent on the outside temperature.
Any heating system with a power greater than 1,500 kW shall have a control device either by building or by a set of buildings with the same destination, the same occupancy conditions and the same construction characteristics.
The provisions of this subsection are not applicable in the case of solid fuel generators with manual loading and driving, for heating facilities with a power of less than 1000 kilowatts commissioned before January 1, 1976.
For the purpose and for the application of the provisions of this subsection and the orders provided for in sections R. 241-28 and R. 241-29:
1° The "heat temperature" is the temperature resulting from the implementation of a heating system, regardless of the energy used for this purpose and regardless of heat generation modes;
2° The "heat temperature of a room of a dwelling or a room intended for use other than a dwelling" is the temperature of the air, measured in the centre of the room or the room, at 1.50 metres above the ground;
3° The "average temperature of a dwelling or set of premises for use other than a dwelling" is the average of the heating temperatures measured in each room or room, with the calculation of the average being weighted according to the volume of each room or local;
4° A "local for use in housing" is constituted by all rooms of a dwelling.
In residential, educational, office or public office premises and in all other premises, with the exception of those specified in articles R. 241-28 and R. 241-29, the upper limits of heating temperature are, outside the periods of occupancy defined in section R. 241-27, set on average at 19° C:
- for all rooms of a dwelling;
- for all premises for use other than dwelling and included in the same building.
During periods of occupancy of the premises referred to in R. 241-26 of a duration equal to or greater than twenty-four consecutive hours and less than forty-eight hours, the average heating temperature limits, for all rooms of a dwelling and for all premises assigned for use other than the dwelling and included in the same building, are fixed at 16° C.
They are fixed at 8° C when the duration of the occupancy is equal to or greater than forty-eight hours.
A joint order of the Minister for Energy and of the Minister for Construction and Housing taken after notice of the Energy Use Advisory Committee, and, if applicable, of the Minister(s) concerned, lists the categories of premises that, not assigned to office use and not receiving the public, shall, in the light of the nature of administrative, scientific, sporting, craft, industrial, commercial or agricultural activities that are subject to 24 This Order determines, by categories and taking into account, where applicable, periods of occupancy, the upper limits of heating calculated in accordance with Article R. 241-25 which are applicable to these various premises.
With respect to dwellings, premises and facilities where medical care is provided to non-hospitable persons, hospital establishments and accommodations, premises and establishments where older persons or children are housed or housed, joint decrees of Ministers responsible for energy, construction and housing and health, taken after advice of the Energy Use Advisory Committee and, where applicable,
In the premises in which a cooling system is installed, the cooling system shall be operated or maintained only when the inside temperature of the premises exceeds 26 °C.
A decree of Ministers responsible for construction and energy defines the conditions for regulating cooling systems.
The provisions of section R. 241-30 do not apply to buildings or parts of buildings referred to in section R. 241-29 as well as to buildings or parts of buildings that, because of constraints related to their use, must guarantee special conditions of temperature, humidity or air quality.
The provisions of subsections 1, 2 and 3 of this section are not applicable to Guadeloupe, Guyana, Martinique, La Réunion and Mayotte.
The provisions of subsections 1, 2 and 3 of this section are not applicable to Saint-Martin and Saint-Barthélemy.
The provisions of subsection 4 of this section are only applicable to Saint-Pierre and Miquelon.
The subscriber of a heat supply contract distributed by network may apply to the operator of the network concerned for an adjustment of the power contracted in the event that work has been completed during the contract period:
1° either on the energy rehabilitation of buildings;
2° Renovating the secondary installations of the network, including their substations, which are related to these buildings.
The subscriber justifies his request for a re-adjustment of power by a study carried out by a third party or from data issued by a power recorder. In the case of a study, the study is carried out according to NF EN 12831. When the subscription concerns heating and production of sanitary hot water, the power of the installations is defined using ratios fixed by decree of the Minister responsible for energy.
The operator of the thermal energy distribution network decides on the adjustment within three months of the application.
The subscriber who has obtained an adjustment of the subscribed power may submit a new application, under the same contract, if any after further work, from the expiration of a period of two years following the last adjustment.
Adjustment of the subscribed power is done in the event that the new power required for the rehabilitated building is less than 20% than the power entered into the subscription contract, if any after adjustment.
The contract is amended to take into account the necessary new power:
1° Either directly, in the event that the power subscribed is specified in watts or an equivalent unit;
2° Either by means of conversion set by order of the Minister for Energy, in other cases, in particular in the case where the power subscribed is stipulated in flat-rate units or in heated square metres.
Assistance shall be provided to any person justifying a domicile or establishment in France and to any State administration that acquires or leases, within the framework of a contract of two or more years or more, a terrestrial motor vehicle that, on the date of its invoice or on the date of payment of the first rent provided by the vehicle rental contract:
1° Part of the category of passenger cars or pick-up trucks within the meaning of Article R. 311-1 of the road code as well as any category of vehicles subject to a carbon dioxide emission measurement pursuant to Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 relating to the reception of motor vehicles in respect of the emissions of special and light vehicles (Euro 5 and information)
2° Has not been previously registered in France or abroad;
3° Is registered in France in a final series;
4° Not assigned by the purchaser or the holder of a rental contract within six months of his first registration or before travelling at least 6,000 kilometres;
5° If it is a particular car that is subject to a measurement of carbon dioxide emissions pursuant to Regulation (EC) No 715/2007 of 20 June 2007, emits a quantity of carbon dioxide that is less than or equal to 110 grams per kilometre for a vehicle that combines electrical energy and a thermal motorization with gasoline, liquefied petroleum gas or natural gas vehicles, that is less than or equal
6° If it is a van or a vehicle other than a particular car that is subject to a measurement of carbon dioxide emissions under Regulation (EC) No 715/2007 of 20 June 2007, emits a quantity of carbon dioxide less than or equal to 60 grams per kilometre.
In the event of non-compliance with any of the cumulative conditions set out in section D. 251-1, the beneficiary of the assistance provided for in this section shall return the amount within three months of the assignment of the vehicle.
If the assistance has been paid for a rental and the duration of the rental contract is less than two years after its signature, the beneficiary shall return the amount within three months of this contractual amendment.
Complementary assistance shall be provided to any person justifying a domicile or establishment in France and to any State administration that acquires or leases, within the framework of a contract of a duration greater than or equal to two years, a particular car within the meaning of section R. 311-1 of the road code, subject to a measurement of the emissions of carbon dioxide pursuant to the regulation (EC) No. 715 2007,
1° Belongs to the category of passenger cars within the meaning of section R. 311-1 of the road code;
2° First registered, as mentioned on the registration certificate, before 1 January 2001;
3° shall be, in the light of the identity or social reason of the owner mentioned on the certificate of registration, to the beneficiary of the supplementary assistance defined by this article;
4° Has been acquired for at least one year by the same beneficiary;
5° Is registered in France in a normal series;
6° Not gay;
7° Not considered to be a damaged vehicle within the meaning of sections L. 327-1 to L. 327-6 of the road code;
8° Is issued for destruction, within six months of the invoice date of the acquired or leased vehicle, to a processing centre for "unused vehicles" (VHU) or to a licensed mill pursuant to section R. 543-162 of the Environmental Code, which delivers to its owner a certificate of destruction of the vehicle in accordance with the provisions of section R. 322-9 of the Highway Code;
9° This is the subject of an insurance contract that is valid on the date of its disposal for destruction or on the invoice date of the acquired or leased vehicle.
Regardless of the number of vehicles delivered for destruction, the acquisition or rental of a vehicle may only result in a supplementary assistance provided for in section D. 251-3.
In the event of non-compliance with the conditions set out in section D. 251-3, the beneficiary of the supplementary assistance shall return the amount within three months of the assignment of the vehicle.
If the duration of the lease contract is reduced to less than two years after its signature, the beneficiary of the additional assistance returns its amount within three months of the contract amendment.
A company that acquires or leases a vehicle that meets the conditions set out in section D. 251-1 and gives it for rent under a contract for a period of more than or equal to two years shall not benefit from the assistance provided for in that section and section D. 251-3.
Dealers and vehicle brand agents shall not be entitled to the assistance provided in section D. 251-1 and section D. 251-3 for the acquisition or rental of a vehicle that they affect in the demonstration. However, a vehicle assigned to the demonstration may result in the payment of such assistance if it is subject to an assignment or lease within one year of the date of its first registration.
The amount of assistance provided for in Article D. 251-1 shall be determined as follows:
1° For a vehicle mentioned in 5° of this same article:
(a) For a vehicle that combines electric energy and a thermal motorization with gasoline, diesel, liquefied petroleum gas or natural gas vehicles, is equipped with an electric motor with a maximum power of 30 minutes greater than or equal to 10 kilowatts and with a carbon dioxide emission rate of between 61 and 110 grams per kilometre, the amount of assistance is fixed to 5% of the cost of acquiring all taxes included in the vehicle
As a transitional measure, when the carbon dioxide emission rate of a vehicle that combines electric energy and a thermal motorization with gasoline or diesel is between 61 and 110 grams per kilometre, that the vehicle order or the signature of the rental contract intervened before January 1, 2015 and that the vehicle billing or the payment date of the first rent, in the case of rent, takes place within three months, the amount included
(b) For another type of vehicle whose carbon dioxide emission rate is less than or equal to 20 grams per kilometre, the amount of assistance is set at 27% of the cost of acquiring all taxes included in the vehicle, increased if any of the cost of the battery if it is rented, without being more than 6,300 euros.
If its carbon dioxide emission rate is between 21 and 60 grams per kilometre, the amount of assistance is set at 20% of the cost of acquiring all taxes included in the vehicle, increased, if any, the cost of the battery if it is taken for rent, without being more than 4,000 euros.
As a transitional measure, where the carbon dioxide emission rate of the vehicle is between 61 and 90 grams, the vehicle's order or the signature of the lease contract occurred before 1 January 2015 and the vehicle's billing or the payment of the first rent, in the case of a rental, occurs within three months, the amount of the assistance is set at 150 euros;
2° For a vehicle mentioned in the 6th of Article D. 251-1 whose carbon dioxide emission rate is less than or equal to 20 grams per kilometre, the amount of the assistance is set at 27% of the cost of acquiring all taxes included in the vehicle, increased, if any, the cost of the battery if taken for rent, without being more than 6,300 euros.
If its carbon dioxide emission rate is between 21 and 60 grams per kilometre, the amount of assistance is set at 20% of the cost of acquiring all taxes included in the vehicle, increased, if any, the cost of the battery if it is taken for rent, without being more than 4,000 euros.
The amount of the supplementary assistance established in Article D. 251-3 shall be determined as follows:
1° The help is 3,700 euros for a particular car meeting the conditions set out in 2°, 3° and 4° of Article D. 251-1 and whose carbon dioxide emission rate is less than or equal to 20 grams per kilometre;
2° The help is 2,500 euros for a particular car that meets the conditions set out in 2°, 3° and 4° of Article D. 251-1 and has a carbon dioxide emission rate of between 21 and 60 grams per kilometre;
3° The assistance is 500 euros for a particular car meeting the conditions set out in 2°, 3° and 4° of Article D. 251-1, whose carbon dioxide emission rate is between 61 and 110 grams per kilometre, which meets the standard "Euro 6" and which is acquired or leased by a natural person whose income tax contribution of the year prior to the acquisition or rental of the vehicle is zero;
4° The emission is 500 euros for a particular car that meets the requirement of 3° of Article D. 251-1, which is acquired or leased by a natural person whose income tax contribution of the year prior to the acquisition or rental of the vehicle is zero, which is not given within six months of its acquisition or before having travelled at least 6,000 kilometers, of which the emission rate of carbon dioxide is 61 grams
In the event of the cumulative aid provided for in Article D. 251-1 with the additional assistance provided for in Article D. 251-3, the payments are concurrent, so that the cumulative aids are the subject of a single request for payment.
The aids are either paid directly to their recipient by the Service and Payment Agency, or advanced to their recipient by the vendors or renters of vehicles related to that agency by the agreement referred to in Article D. 251-11.
In the latter case, the aids apply in full on the amount, all taxes included, of the vehicle mentioned on the acquisition or rental invoice, after any discount, discount, deduction or benefit granted by the vendeuR. For rent of a term of more than or equal to two years, the assistance shall be paid to the tenant no later than the first term provided by the rental contract and the amount expressly mentioned in the rental contract.
The aids appear distinctly on the invoice, leave or lease agreement with the mention: "Environmental Bonus - Helps to acquire and lease low-pollutant vehicles."
The Service and Payment Agency provides, within a separate accounting fund, the management of assistance in the acquisition and rental of low-emission vehicles.
I. - The income of this fund is as follows:
1° The proceeds of grants paid from the special assignment account "Associates in the Acquisition of Clean Vehicles" created by section 56 of Act No. 2011-1977 of 28 December 2011 of Finance for 2012;
2° Income from the investment of its cash;
3° Where applicable, public subsidies.
II. - The expenses of this fund are:
1° The assistance provided for in this chapter;
2° Expenses incurred by the Agency for Services and Payment in the management of the fund.
III. - A decree of ministers responsible, respectively, for ecology, economy, finances and budget, specifies, as necessary, the financial and accounting regime of the device.
In addition to the common law payment procedure for payment of aids directly to their beneficiary, vendors or vehicle owners may conclude with the Service and Payment Agency a convention under which they undertake to advance the amount of assistance paid to obtain the reimbursement by the aid device for the acquisition and rental of unpolluted vehicles. These agreements are signed between the Director General of the Service and Payment Agency and each manufacturer, concessionaire, leasing or brand agent or any automobile professional authorized to trade in vehicles.
The terms and conditions for the management of aids established under this chapter are set by joint order of ministers responsible, respectively, for ecology, economy, finances and budget, in particular with regard to the list of documents to be provided in support of requests for payment.
Assistance requests are made no later than six months after the vehicle's billing date or, in the case of a rental, payment of the first rent.
For the purposes of the provisions of Article L. 271-1, a breakdown of electricity consumption is defined as the action intended to temporarily decrease, on a point-based request sent to one or more end-users by an eradicating operator, the level of actual electricity removal on public grids for the transport or distribution of electricity from one or more consumer sites, in relation to an estimated consumption programme or to a consumption schedule.
The deletion of electricity consumption does not include changes in consumption resulting from the natural or recurring behaviour of the end user.
It is obtained by the eraser operator by means of various processes such as the use of a case or any other equivalent technical process installed in the end user or the sending of an electronic, telephone or in any other form.
The inseparable effacements of the supply offer are not taken into account.
The effect of the deletion may be to modify the consumption of the erased consumption site before and after the deletion period. These effects are taken into account if they are attested and significant, according to the terms defined by the rules mentioned in section R. 271-3, when certification of electricity consumption effacements, energy transfers between the perimeters of the balance managers concerned and the payment of the eraser operator to the supplier of the erased sites.
A deletion operator is a legal entity that values electricity markets or the adjustment mechanism referred to in Article L. 321-10 the electricity consumption effacements defined in Article R. 271-1. On the adjustment mechanism, the manager of the public electricity transmission network shall verify, under the conditions set out in section R. 271-4, that the operator has the technical capacity to implement these effacements.
The deletion operator cannot perform the deletion operations referred to in R. 271-1 without having previously obtained the written or electronic agreement of the final consumers concerned.
When a contract with stipulations that have the effect of implementing consumer effacements, within the meaning of section R. 271-1, was entered into before July 5, 2014 between a eraser operator and a final consumer, the written agreement of the latter is deemed to be acquired.
The deletion operator may aggregate the deletion capabilities of several consumer sites and jointly value the deletion thus carried out, according to the terms defined by the rules mentioned in article R. 271-3.
Pursuant to section L. 271-1, after consultation with persons involved in the electricity markets and managers of electricity distribution networks in accordance with the terms and conditions it determines, the manager of the public electricity transport network defines the rules for the implementation of consumer cuts in the energy markets and the adjustment mechanism.
These rules, together with the results of the consultation, are subject to approval by the Energy Control Board.
The decision by which the Energy Regulatory Commission approves the rules is published with the latter in the Official Journal of the French Republic. In addition, the approved rules are published by the Public Electricity Network Manager on his website.
These rules are revised in the same forms at the initiative of the manager of the public electricity transmission network or at the request of the minister responsible for energy or the Energy Control Board.
They provide for the terms and conditions under which, for the exercise of the tasks set out in this section, the manager of the public electricity transmission network shall conduct the necessary controls.
It may entrust to electricity distribution network managers or third parties with guarantees of independence in respect of erase operators and electricity suppliers the execution of some of these missions, excluding the certification of erase volumes.
The rules referred to in section R. 271-3 set out the terms and conditions for the recognition by the manager of the public electricity transmission network of the technical capacities of the removal operators to carry out the electricity consumption effacements defined in section R. 271-1.
The list of erasers is published on the website of the manager of the public electricity transport network.
The volume of electricity deletion is defined as the difference between the volume of electricity that the end-user would have consumed in the absence of such a breakdown according to the predicted consumption program or the estimated consumption referred to in R.271-1, and its actual consumption.
The volumes of electricity consumption effacements made by erasers and the effects mentioned in the last paragraph of Article R. 271-1s are determined in terms defined by the rules referred to in Article R. 271-3.
These volumes are the subject of a certification by the manager of the public electricity transport network that ensures the actual character of the consumer erasure, as defined by the rules referred to in section R. 271-3.
Certified consumer erase volumes are taken into account by the manager of the public electricity transport network for the purposes of section L. 123-4.
The rules set out in section R. 271-3 specify the terms and conditions for reporting of effacements to the Public Electricity Network Manager.
When it is technically possible to differentiate several effacements on the same consumption site during a given temporal range, several erasers can intervene simultaneously on this site during this beach.
When it is not possible to distinguish erase operations on the same site during a given temporal range, the rules set out in section R. 271-3 may restrict the number of erasers that may be assigned each of them a share of the benefit of the device established by this chapter on this site during that temporal range, in accordance with the terms that they specify.
If not, they provide that the actual consumption deletion can only be attributed to the deletion operator who has entered into the contract in the course of execution.
In all cases, they set out the terms and conditions under which the consumer and erasers are informed of what they fall under this and the previous paragraphs.
The data used for the certification of consumption erase volumes are derived from the counting devices of the managers of the public electricity transmission and distribution networks.
When these devices or data that originate from them do not have the characteristics necessary for the precise assessment of the volumes of consumer erase for certification pursuant to the provisions of Article R. 271-5, the data produced or collected by a surface-operator may be used.
The terms and conditions for the qualification and control of the data referred to in the preceding paragraph are set out in the rules referred to in section R. 271-3.
The manager of the public electricity transmission network shall, in accordance with the terms and conditions set out in the rules referred to in section R. 271-3:
1° The deletion volumes carried out by a deletion operator to be valued in the energy markets, such as electricity injections in the balance perimeter of that operator or, if any, in that of the balance manager that he designated under the second paragraph of Article L. 321-15, as well as those made to be valued on the adjustment mechanism, recorded in a specific manner;
2° The erasing volumes carried out on each consumer site to be valued on the energy markets or on the adjustment mechanism, such as electricity removals in the balance area to which this site is attached.
The deletion operators shall first declare to the manager of the public electricity transport network the effacements they intend to carry out, in accordance with the terms set out in the rules referred to in R. 271-3. These provisions specify the conditions under which the compliance of these declarations is verified with actual effacements and may establish an appropriate incentive or penalty regime.
The effects mentioned in the last paragraph of section R. 271-1 are also taken into account in connection with this accounting, in accordance with the terms and conditions set out in section R. 271-3.
The amount of payment due by the eraser operator to the supplier of each of the erased sites is fixed in accordance with the rules referred to in R. 271-3.
This amount reflects the energy share of the supply price of consumer sites whose consumption is wholly or partly erased.
The rules referred to in R. 271-3 specify the conditions and conditions under which the payment is calculated, in accordance with flat scales based on the characteristics of consumer sites whose consumption is wholly or partly erased.
For the sites of which they specify the characteristics, the rules set out in section R. 271-3 may provide, instead of the application of flat scales, that the payment is made on behalf of the eraser operator by the end user. The supplier of the latter shall, in accordance with the contractual terms in force between them and on the basis of the energy share of the supply price, charge the energy it would have consumed in the absence of deletion, as determined by the manager of the public electricity transport network as part of the certification of the erasing volumes provided for in Article R. 271-5.
The rules set out in section R. 271-3 also provide that the terms and conditions of payment may be fixed by contract between the eraser operator, supplier and, if applicable, the end user of the site. The eraser operator and the site provider inform the manager of the public electricity transmission network of the conclusion of such a contract.
A specific account shall be opened by the manager of the public electricity transmission network or by a third party that he or she assigns to that effect in the manner provided for in the last paragraph of section R. 271-3. This account retraces and centralizes the financial flows between the erasers and the electricity suppliers provided for in section R. 271-8 for energy market effacements and, where applicable, the adjustment mechanism. The manager of the public electricity transmission network or the third party that he or she is responsible for the administrative, accounting and financial management of this account in accordance with the rules of private accounting. It is responsible for the invoicing and recovery of the amounts due by vendors, the identification of possible defaults on payment of contributors and the implementation, if any, of the guarantees constituted by the erasers operators. The interest generated by the amounts on the account is primarily allocated to the payment of the remuneration, for the management of the account, for the manager of the public electricity network or for the third party that he or she assigns to that effect, and for the costs incurred for that management. Financial security devices ensure the financial capacity of the erasers to honour their claims against all suppliers.
The sum of the amounts paid by the fund to each supplier cannot exceed the amount due to the supplier and effectively paid by the erasers.
After implementation of the payment recovery procedure due as provided in the second paragraph of this section, and in the event of a discrepancy between the amount of the payment made and that due by a supplier eraser operator, the supplier may request the operator of the public transport network to indicate the identity of the failed eraser operator and the amounts owing by the operator.
The terms and conditions for the management and financial security of the account, for the remuneration of the manager of the public electricity network or of the third party for that purpose and for the reimbursement of expenses incurred by them are provided by the rules referred to in section R. 271-3. Payment amounts are tax-free.
Pursuant to the first paragraph of section L. 311-6, the electricity production facilities using one of the types of energy listed below shall be deemed to be authorized as long as their installed power is less than or equal to the thresholds set out in this section for this type of energy:
1° Installations using sun radiative energy: 12 megawatts;
2° Wind power installations: 30 megawatts;
3° Installations using, as a principal, the energy generated by the combustion or explosion of non-silver material of animal or plant origin: 12 megawatts;
4° Installations using, as a principal, energy generated by the combustion or explosion of biogas: 12 megawatts;
5° Installations using energy from aquifers or underground rocks: 12 megawatts;
6° Facilities that value household or assimilated waste, with the exception of biogas facilities: 12 megawatts;
7° Mainly using fossil fuels: 4.5 megawatts.
For the determination of these thresholds, the power to be taken into account is, for production facilities with a single delivery point unique to public electricity networks, the sum of their installed power. For the purposes of this section, the installed power of a production facility is defined as the sum of the maximum unit power of the generators that can operate simultaneously in one establishment, identified by its identity number in the national directory of companies and establishments defined by articles R.123-220 et seq. of the trade code.
The application for authorization to operate is sent in a copy to the Minister responsible for energy.
It includes:
1° If it is a natural person, his or her name, first name and domicile or, if it is a legal person, his or her name or social reason, legal form, address of his or her head office, and the quality of the signatory of the application;
2° A note specifying the technical, economic and financial capacities of the petitioner;
3° The main features of the production facility, specifying at least the production capacity, the primary energy and the production techniques used, the energy efficiency, as well as the operating time (base, semi-base or tip) ;
4° The location of the production facility, as well as the identity number of the establishment considered in the national directory of companies and institutions; a facility whose right-of-way extends over several departments is deemed to be located in the department where its connection point is located;
5° A note on the impact of the project on the safety and security of public electricity grids and associated facilities and equipment, including the requirements of Article L. 342-5;
6° A note on the application of social legislation in the institution;
7° A note outlining the site's interest in electric production and a commented list of environmental provisions that may be applicable on the site;
8° The copy, if any, of the receipt referred to in section R.* 423-3 of the urban planning code.
The application also specifies, for information, the intended destination(s) of the electricity produced, i.e., in particular, the use for the producer's own needs, either the sale to final consumers, or to the EDF company or a local distribution company, in the context of calls for tenders, the obligation to purchase or other contractual relations.
The Minister for Energy acknowledges receipt of the application. Subject to the secrets protected by law, it publishes, by excerpts, the Official Journal of the French Republic, the main characteristics of the application relating to the production capacity, the primary energies and the production techniques used, as well as the location of the facility.
The Minister for Energy shall decide on the application for authorization to operate within four months of the date of receipt of the full authorization request. He may request further clarification from the petitioner.
The authorization to operate specifies the conditions under which the production facility must be operated.
The silence held for more than four months by the Minister responsible for energy on the application for authorization is a decision to reject. The refusal of authorization is motivated.
The increase in the installed power of a production facility that should be authorized under the provisions of section R. 311-1 is subject to authorization. However, pursuant to the third paragraph of section L. 311-6, if this increase in power has a power increase of less than 10%, it is the subject of an operator's statement to the Minister for Energy. The increase in the installed power of a production facility that would be deemed to be authorized under the provisions of section R. 311-1 is deemed to be authorized, unless it has the effect of bringing the total installed power beyond the threshold provided for in section R. 311-1 for the type of energy used. In this case, the increase in power is subject to a request for authorization.
The statement mentioned in the first paragraph contains the same indications and documents as those listed in section R. 311-2, with the exception, for installations using the radiative energy of the sun, the identity number on the national directory of companies and establishments mentioned in the 4th of this article.
The Minister for Energy shall issue a receipt upon receipt of a complete declaration record. If the Minister finds that the increase in power falls under the authority regime, the Minister informs the applicant that his file will be instructed as an application for authorization.
The modifications made by the operator to the main features of a facility referred to in 3° of section R. 311-2, other than the installed power increase governed by the provisions of section R. 311-4, are subject to authorization when they relate to a facility subject to authorization under the provisions of section R. 311-1.
In the event of a change in operator of a facility subject to authorization under the provisions of section R. 311-1, the holder of the authorization and the new petitioner shall apply to the Minister responsible for Energy for the transfer of the authorization for explosive R. This request includes, with respect to the new petitioner, the information and exhibits referred to in 1°, 2° and 6° of Article R. 311-2 and the penultimate paragraph of the same article.
The Minister for Energy shall decide on the application within four months of receiving it.
The holder of an authorization to operate or receive a declaration shall notify the Minister responsible for energy, by registered letter with notice of receipt, of the final termination of the activity of the facility concerned.
The authorization to operate or the receipt of a declaration ceases to have effect when the facility has not been put into service within three years of its issuance or has not been operated for three consecutive years, except in cases of force majeure or in the administration assimilable to such a case. At the petitioner's request, the Minister for Energy may grant additional deadlines within a total of ten years, including the initial three-year period.
The withdrawal or suspension of the authorization to operate or the benefit of the declaration, as provided for in section L. 311-15, shall be pronounced after the person concerned has been put in place to cease the breach within a specified period of time, that he has received notification of the grievances withheld, has been allowed to consult the file and to present his written and verbal comments, assisted by a person of his or her choice.
The Minister for Energy shall issue the authorizations issued by extracts to the Official Journal of the French Republic. This publication contains the elements mentioned in the 1st and last paragraph of Article R. 311-2.
Requests for securities relating to electricity production facilities under Book V and submitted in accordance with the provisions of this book shall, as the case may be, apply for authorization to operate or report under this section.
Where the application relates to an installation with an installed power greater than 4.5 megawatts, under the conditions set out in section R. 311-2, the publication of the main characteristics of the application as set out in the application for an administrative title.
The title issued on the application referred to in the first paragraph shall, as the case may be, be authorized to operate or receive a declaration under this section.
Projects to increase the installed power, modify the characteristics of the plant or change of operator are subject to the procedures applicable to the production of hydraulic-origin electricity.
The validity period of the authorization shall be determined by the title.
When using the tendering procedure provided for in section L. 311-10, the Minister for Energy sets out the terms and conditions for the tender that relate to:
1° The energy and technical characteristics of the facility, particularly with regard to the primary energy used, the power, availability, the required performance in terms of energy efficiency, the time limit for electricity availability, and, if applicable, the annual production possible, the possible use regimes, and the techniques imposed;
2° Economic and financial conditions, including the duration of the purchase contract or the transfer protocol of electricity that will be concluded pursuant to Article L. 311-12;
3° The deadline for industrial commissioning the installation;
4° Operating conditions and expected operating times;
5° Settlement area;
6° The principles of weighting and prioritization of the criteria referred to in Article L. 311-5;
7° Taking into account the coexistence of the facility with the economic activities of its settlement area;
8° Taking into account the protection of the environment of the installation site;
9° The requirements of any kind, including, where applicable, the obligation to establish financial guarantees, which must be in relation to the subject-matter of the tender and that the successful candidate is required to comply with in order to ensure the successful completion of the operations, whether prior to the commissioning of the facility, during its operation or dismantling or during the rehabilitation of its site.
The Minister for Energy shall communicate to the Energy Control Board the terms and conditions of the call for tenders that he has defined. The Commission shall transmit to the Minister for Energy a draft terms of reference for the call for tenders within the time limit provided by the Minister. This deadline, which runs from the date of receipt of documents sent by the Minister, cannot be less than one month or more than six months. The latter makes the necessary modifications and finalizes the specifications.
The specifications of the tender include:
1° Description of the project under the call for tenders based on the conditions defined by the Minister for Energy;
2° Pursuant to the provisions of Article L. 311-5, the comprehensive list of criteria for choice of offers, their weighting and hierarchy, as well as the comprehensive list of indications and documents to be produced by candidates to enable the implementation of these criteria. The terms of reference indicate, where applicable, those of the documents that must be written or translated into French;
3° The deadline and deadline for the submission of applications to the tender;
4° The postal or electronic address where the candidate sends his application file to the tender;
5° The procedures for the transmission of applications that ensure the confidentiality of the information and documents contained in the file, as well as the identification of the call for tenders to which it is responded;
6° The detailed requirements of any kind applicable to the selected candidate before the installation is put into service, during the operation or dismantling of the facility or during the remediation of its location site, in particular in the event of an obligation to establish financial guarantees of the nature and amount to be specified;
7° The development and indicative timing of the other steps of the procedure followed by the Energy Control Board;
8° The terms and conditions of the purchase contract or the transfer protocol of electricity that will be entered into pursuant to Article L. 311-12, in particular the duration and terms of payment;
9° Sanctions in the event of a failure of the candidate to comply with the provisions of the terms of reference. The sanctions that can be imposed are the withdrawal of the decision declaring the successful candidate and the monetary penalties fixed according to the power of the proposed facility within 5 euros per kilowatt, without being each less than 5,000 euros or more than 100,000 euros.
When different legal entities submit a joint application, they designate one of them as an agent to represent them in the tender procedure and in respect of the purchaser of electricity.
The Minister for Energy sent a notice of tender to the European Union Publications Board for publication in the Official Journal of the European Union. This notice describes the terms and conditions of the tender. He mentions:
1° The purpose of the tender;
2° Persons admitted to participating in the tender pursuant to Article L. 311-10;
3° The place or e-mail address as well as the date of making available the terms of reference of the tender;
4° The procedure chosen by the Minister under section R. 311-21.
The deadline for sending applications referred to in Article R. 311-14 is calculated from the date of publication of the notice to the Official Journal of the European Union. The period between these two dates cannot be less than six months.
The terms of reference for the call for tenders are sent free of charge by the Energy Control Board to the candidate within five working days after the receipt of the application.
The delivery of an offer is a commitment of the candidate to comply with all the obligations and requirements of any kind contained in the terms of reference and to commission the installation under the terms of the tender.
The breach of these obligations and requirements may be subject to the penalties provided for in the terms of reference and by Article L. 311-15 when the breach is committed after the title is obtained under which the production activity is carried out.
The purchase contract under section L. 311-12 shall be entered into within six months of the application made by the successful candidate, in accordance with the commitments contained in the offer of that candidate.
When the facility is intended to be put into service on the marine public domain, the grant of the concession of occupation of the marine public domain is subject to the provisions of sections R. 2124-1 and following of the general code of ownership of public persons, with the exception of its article R. 2124-5.
Depending on the characteristics of the tender, including the nature of the rating criteria and the number of bids expected, the Minister for Energy may decide to use either the application and examination procedure for the so-called "regular" bids governed by the provisions of sections R. 311-22 to R. 311-29 or the application and examination procedure for so-called "accelerated" tenders governed by the provisions of sections R. 311-22 to R. 3
The Energy Control Board acknowledges receipt of the application file for each candidate's tender.
A file sent after the date and time limit set in the terms of reference of the tender is returned to the candidate without being opened.
Prior to a deadline set out in the terms of reference of the tender, each candidate may send, in writing, requests for information to the Chairman of the Energy Control Board. In order to ensure the equal information of candidates, the commission publishes the answers to these requests, in accordance with the secrets protected by law.
The Energy Control Board shall organize the terms and conditions for the opening and examination of applications for tenders pursuant to sections R. 311-25 and R. 311-26.
Opening sessions of applications for tenders are not public.
Within a time frame set by the specifications, the Energy Control Board opens the application files for the tender and checks that they are complete.
The incomplete files are not instructed. The Commission shall inform the candidates concerned.
The Commission sets out the list of completed files received on time, as well as incomplete records. She sends these lists to the Minister for Energy. These lists are not public.
The Minister for Energy sets the time limit for the commission to investigate the files and forwards an instruction sheet on each offer stating the encrypted rating established by application of the criteria set out in 2° of section R. 311-14 as well as a summary report on the call for tenders. This period may not be less than two months or more than six months.
The Minister responsible for energy collects the reasoned opinion of the Energy Control Board on the choice it envisages, and then designates the chosen candidate(s).
The Minister shall issue to each successful candidate the authorization to operate as a correspondent. He advises all other candidates to reject their offers.
The Minister shall issue to the Official Journal of the French Republic the opinion of the Energy Regulatory Commission at the same time as it publishes the excerpts referred to in section R. 311-10.
In the event of the withdrawal or failure of a successful candidate following the call for tenders or in the event of the loss of the benefit of the call for tenders or the withdrawal of the authorization to operate, the Minister for Energy may, under the conditions set out in section R. 311-27, either at the option of one or more new candidates, after agreement of the new call for tender.
The Minister has the power not to respond to the tender. When the applicant fails to respond to the tender, the applicant shall notify all applicants of the reasons for the decision. It also informs the Energy Regulation Commission
The Energy Regulation Commission sets up an online application site for each bidding under the accelerated procedure. The site allows, in particular, the download of the terms of reference of the tender and the submission of applications.
The Commission acknowledges receipt by electronic means of the filing of the application file for each candidate's call for tenders.
It ensures that no nominations are technically possible after the deadline and deadline set out in the terms of reference of the tender.
Prior to a deadline set out in the terms of reference of the tender, each candidate may submit requests for information electronically to the Energy Control Board.
The Commission publishes, in accordance with the law-protected secrets, the responses to these requests on the application site referred to in R. 311-30.
Within a period not exceeding two months, the Energy Control Board shall examine the offers received and address to the Minister responsible for energy, under conditions to meet the total power requirements defined by the call for tenders, the classification of the candidates it proposes to retain, together with a summary report.
At the request of the commission, the Minister may extend the time limit set out in the first paragraph for one month.
The Minister responsible for energy collects the reasoned opinion of the Energy Control Board on the choice it envisages, and then designates the chosen candidate(s). The Commission publishes on the site referred to in article R. 311-30 the list of successful candidates.
The successful candidate is exempt from filing the application for authorization or declaration under section R. 311-2. The Minister shall issue to each successful candidate, as the case may be, the authorization to operate or the corresponding receipt of declaration. He advises other candidates to reject their offers.
The Minister shall publish in the Official Journal of the French Republic the opinion of the Energy Regulatory Commission at the same time as he publishes the excerpts mentioned in section R. 311-10.
In the event of the withdrawal or failure of a successful candidate following the call for tenders or in the event of the withdrawal of the authorization to operate, the Minister for Energy may, under the conditions set out in section R. 311-33, elect a new candidate, subject to the agreement of the Minister for Energy, either at the launch of a new call for tenders.
The Minister has the power not to respond to the tender. When the applicant fails to respond to the call for tenders, he shall notify all candidates electronically, specifying the reasons for his decision. It also informs the Energy Regulation Commission.
In the cases referred to in Article L. 311-14 of this Code, a report shall be drawn up on the irregular situation of the installation by the officials and agents referred to in Articles L. 142-22 to L. 142-29 of this Code or the officials and officers responsible for the controls provided for in Article L. 170-1 of the Environmental Code. This report is sent without delay to the prefect and producteuR. Copie is forwarded to the Minister of Energy, when he does not emanate from officials or agents that he has authorized. Within one month of receipt of the report, the prefect shall inform the producer of the regularization measures that are requested to him, inviting him to make known the identity of the electricity buyer(s) produced by the facility, reminds him that if the prescribed measures are not implemented, the contract for the purchase of electricity that he has, if any, entered into with the company EDF or with a local company referred to in 111
After the deadline for the producer to submit their comments and no later than six months after the receipt of the report, the prefect finds the irregular situation of the facility if it has not been terminated.
If the electricity generated by the installation is the subject of a purchase contract by the EDF company or a local distribution company, the prefect shall terminate or suspend it. This decision is notified, by registered letter with a request for notice of receipt, to the producer and to that buyer and takes effect as soon as both received this notification.
The suspension of the electricity purchase contract is without effect on the term initially fixed to the contract.
Upon completion of the measures taken to regulate the situation of the facility, the producer in fact reports to the service that conducted the control of the facility. Within a maximum period of fifteen days, the latter shall verify the effective implementation of these measures and inform the prefect thereof.
In the event of a suspension, the prefect promptly repeals his decision and informs the buyer and the producer and the services of the State mentioned in this section. The buyer cannot resume the performance of the contract prior to this notification.
In the event of termination, the buyer may not enter into a new contract with the producer before the prefect has made known to him that the situation of the installation is now consistent with the requirements of Article L. 311-14.
This chapter does not include regulatory provisions.
This chapter does not include regulatory provisions.
When the conditions laid down in Article L. 314-1 are met, the producers applying for it shall be entitled to the requirement to purchase electricity provided for in this section for the categories of facilities mentioned in the conditions set out in this section.
For installations subject to a power limit pursuant to 2° of Article L. 314-1, these limits are:
1° Installations using the hydraulic energy of lakes, streams and seas: installed power less than or equal to 12 megawatts;
2° Installations using sun radiative energy: installed power less than or equal to 12 megawatts;
3° Installations using, as a principal means, the energy generated by the combustion or explosion of non-fossil materials of animal or plant origin: installed power less than or equal to 12 megawatts; a Minister of Energy Order sets the limits in which these facilities can use a non-renewable energy fraction;
4° Installations using, as a principal, the energy generated by the combustion or explosion of gases resulting from the decomposition or fermentation of waste from agriculture or water treatment: installed power less than or equal to 12 megawatts; a Minister of Energy Order sets the limits in which these facilities can use a non-renewable energy fraction.
When the conditions laid down in Article L. 314-1 are met, the producers applying for it shall be entitled to the obligation to purchase electricity provided for in this Article for electricity production facilities, of an installed power of less than or equal to 12 megawatts, with particular energy efficiency, either because of the use of certain fuels, or because of their intrinsic characteristics, especially in the case of cogeneration and
Orders of the Minister for Energy set out the technical characteristics to be met by the facilities mentioned in the previous paragraph, particularly with regard to energy efficiency. As necessary, they also set out the terms and conditions under which the act by which the respect of these features is recognized for each facility is issued and withdrawn.
When the conditions set by articles L. 314-1 to L. 314-13 are met, the producers who apply for it shall be granted the obligation to purchase electricity provided for in Article L. 314-1 for the installations of production of electricity, of an installed power less than or equal to 12 megawatts, using the energy released by combustion or explosion of the gas of mine, provided that it is
Without prejudice to the provisions of the fourth paragraph of Article L. 314-1, for the purposes of this section, the installed power of an electricity production facility is defined as the sum of the maximum unitary power of the generators that belong to the same category as defined in Article L. 314-1 and that are likely to operate simultaneously in a single establishment, identified by its identity number in the national directory of enterprises and
Outside, if any, of the electricity it consumes itself, of the restitutions and reserves, respectively under articles L. 521-14 and L. 522-1 and following or of the electricity sold under the provisions of article L. 314-11, a producer of electricity that benefits from the obligation to purchase under article L. 314-1, below referred to as the "producer", is required to sell the total electricity produced
A person seeking to benefit from the obligation to purchase must send to the prefect a file that includes:
1° If it is a natural person, his or her name, first name and domicile or, if it is a legal person, his or her name or social reason, legal form, address of his or her head office as well as the quality of the signatory of the file and, when the file is filed by an agent, evidence of an express warrant authorizing the agent to act on behalf of the applicant;
2° The location of the electricity production facility in question, as well as, if it is a legal entity, the identity number of the establishment considered in the national directory of companies and establishments defined by articles R. 123-220 and following of the trade code;
3° The primary energy(s) and the production technique used;
4° The installed power, the production capacity of the electricity production facility.
A person seeking to benefit from the requirement to purchase under 1° of section L. 314-1, when the installation is intended for the supply of a heat network, must send to the prefect a file containing all the elements mentioned in section R. 314-7, as well as the evidence that the installed power of the installation is in relation to the size of the existing heat network or to be created.
A person seeking to benefit from the obligation to purchase under 2° of Article L. 314-1 shall send to the prefect a file containing all the elements referred to in Article R. 314-7 as well as:
1° The elements allowing to assess the smallest distance between an electrogen machine belonging to the facility considered to be a generator owned by another facility of the same class, operated by the same person or by the companies that it directly or indirectly controls within the meaning of Article L. 233-3 of the trade code and which has the obligation to purchase;
2° In addition, for any installation that implements efficient energy efficiency techniques within the meaning of Article R. 314-3, the elements fixed by the decrees provided for in this article.
A person seeking to benefit from the requirement to purchase electricity produced by a photovoltaic installation of an installed power of less than or equal to "250 kW peak" is exempt from the production of the record under section R. 314-7 and from obtaining the certificate provided for in section R. 314-12.
For the application of 2° of Article L. 314-1 and 1° of Article R. 314-9, two generators cannot be considered to be installed on two separate sites if the distance between them is less than the following distance:
1° In the case of installations mentioned in the 4th of Article R. 314-2 and in Article R. 314-4:
1,500 metres;
2° In the case of installations mentioned in 2°, 3° and 5° of article R. 314-2 and in article R. 314-3: 500 meters;
3° In the case of installations mentioned in 1° of Article R. 314-2: 250 meters.
Within two months of the receipt of the file and the items mentioned in R. 314-7, R. 314-8 or R. 314-9, the Prefect shall, if any, issue a certificate that shall be entitled to the requirement to purchase electricity. The certificate mentions the information provided for in Article R. 314-7 and, if applicable, at the 1st of Article R. 314-9. The certificate is notified to the applicant and the purchaser defined in Article R. 314-6.
For an installation that implements efficient energy efficiency techniques within the meaning of Article R. 314-3, the certificate also certifies compliance with the technical characteristics fixed by the decrees provided for in this article.
For electrical production facilities using the mechanical wind energy installed on the ground mentioned in the 3rd of Article L. 314-1, and notwithstanding any contrary reference to the certificate, the validity period of the certificate corresponds to the duration of the electricity purchase contract referred to in Article R. 314-15.
No minimum distance is required to consider two generators as located on two separate sites. No installed power limit is provided to benefit from the purchase obligation.
The right-to-purchase certificate is not valid for an authorization to operate under section L. 311-1.
The certificate that is entitled to the purchase obligation is nominal and incessant.
The certificate opening right to the obligation to purchase may be transferred by prefectural decision. The certificate holder and the new petitioner shall apply to the prefect for the transfer of the certificate. This request includes, with respect to the new petitioner, the elements mentioned in 1° and 2° of Article R. 314-7 and, if applicable, at 1° of Article R. 314-9. The prefect shall rule on the application within four months of receipt. The transfer of the certificate is valid for the duration of the remaining certificate.
Any modification relating to the characteristics of the installation referred to in 3° and 4° of section R. 314-7 shall be subject to, prior to its completion, an application for a change of certificate, except for facilities within the scope of section R. 314-10.
Requests are addressed to the Prefect. These requests are submitted and investigated in accordance with the procedure set out in articles R. 314-6 to R. 314-12. In the case of an application to amend the certificate, the prefect shall issue within four months, if applicable, an amendment certificate for the duration of the remaining contract.
When an increase in installed power results in an excess of the power limit set out in sections R. 314-2 to R. 314-4 for the category of facilities owned by the facility concerned, the existing certificate is repealed.
Any modification of an installation entering the scope of section R. 314-10 bearing its power beyond the threshold of "250 kW peak" makes it necessary to deposit, prior to its completion, a request for a certificate of purchase obligation for the facility concerned, under the conditions set out in section R. 314-7. The prefect shall, if applicable, issue a certificate for the duration of the remaining contract.
The relations between the producer and the buyer are the subject of a contract for the purchase of electricity established in accordance with this section and the order corresponding to the sector concerned, taken under Article R. 314-18. The acquisition contract's effect is subject to the connection of the installation to the network.
For installations entering the field of application of 2° or 3° of Article L. 314-1 or intended for the supply of a heat network, the certificate opening right to the purchase obligation is annexed to the contract. When the modifications of the facility make it no longer comply with the conditions that arise from section L. 314-1 and that there is a repeal of the certificate, this repeal shall, in full law, result in the termination of the purchase contract.
The Minister for Energy approves indicative models of electricity purchase contracts produced by the various facilities under the obligation to purchase under section L. 314-1, jointly established by EDF and by the representative organizations of local distribution companies.
The purchase contract referred to in R. 314-15 may specify the terms and conditions for compensation due in the event of the producer's termination of the contract before the term provided.
In the event of the transfer of a facility for which the producer is entitled to a purchase contract referred to in Article R. 314-15, the new producer, if so requested from the buyer, shall, subject to the provisions of Article R. 314-13 for the installations entering the field of application of the 2° of Article L. 314-1 and of Article R. 314-3 or that are intended for a purchaser is established.
Orders of the Ministers responsible for the economy and energy, taken after the advice of the Energy Regulatory Commission and the Higher Energy Council, set the conditions for the purchase of electricity produced by the facilities under the obligation to purchase under Article L. 314-1. 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 duration of the contract;
4° The technical and financial requirements to be met in order to benefit from the obligation to purchase. These requirements may include the provision of documents attesting to the economic feasibility of the project, the provision of elements attesting to the environmental impact of the project and the compliance with technical or architectural criteria for the project.
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, if any, published in the Official Journal of the French Republic at the same time as the Order.
A Minister of Energy Order sets the limits in which facilities that value household or assimilated wastes referred to in sections L. 2224-13 and L. 2224-14 of the general code of territorial authorities may use, in addition to household wastes that they value, a fraction of non-renewable energy.
For the purposes of Article L. 314-2, the producers who, on the date of 11 August 2004, had filed a written request for a purchase contract with the buyer concerned and who had, for the installation in question, a certificate opening the right to the obligation to purchase electricity in the event that such certificate is required may benefit from a contract of purchase to the tariffs defined by the order of the industry concerned. This contract takes effect on the expiration date of the previous contract.
It is considered to be commissioned for the first time an existing facility that has undergone renovation investments, the amount and nature of which correspond, for the industry, to the criteria set out by decrees of the Minister responsible for the economy and the Minister responsible for energy. Subject to an authorization to operate under section L. 311-1 and, where required, a certificate that is entitled to the purchase obligation provided for in this section, that facility may be eligible for a purchase contract at the rates defined by the order of the relevant industry or the corresponding provisions.
Producers who are required to purchase under section R. 314-3 shall provide the prefect with an annual balance sheet of which the content and transmission terms are fixed by the orders provided for in the second paragraph of this article.
The competent administrative authority to suspend the obligation to enter into a contract of obligation to purchase in accordance with section L. 314-6, and to order the priority appeal to certain production facilities in accordance with section L. 314-8 is the Minister responsible for energy.
The conclusion of an isleting contract referred to in section L. 314-11 must be preceded by the information of the Minister responsible for energy, the Energy Control Board and the purchaser of electricity produced by the production facility as part of the contract for the purchase obligation.
Electricity produced from renewable sources or by cogeneration by regularly reported 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 entered into under sections L. 121-27, L. 311-12 and L. 314-1.
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.
The body provided for in section L. 314-14 is designated by the Minister 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 official publications office of the European Union for publication in the Official Journal of the European Union.
The notice specifies that the purpose of this public competitive appeal is to issue, transfer and cancel the original guarantees of electricity produced from renewable sources or by cogeneration, in accordance with the provisions of sections L. 314-14 to L. 314-16 and this section.
He 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.
Upon receipt of applications, the Minister for Energy assesses applications based on 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.
Upon examination of applications, the Minister for Energy shall, after the advice of the Superior Council of Energy, designate the benefit agency set out in this section.
Minister for Energy, by order:
1° The share of electricity produced by a pumping power transfer station, a mixed electricity production facility from biomass and fossil fuels or a household waste incineration plant that could be the subject of original guarantees;
2° The technologies and performance criteria of the cogeneration processes and the methods of calculating the electricity produced by this means.
Any electrical power generation facility for which original guarantees are requested must be equipped with an electricity counting device produced.
The application for original guarantees is addressed to the agency responsible for ensuring the issuance of these.
When an application for original guarantees meets the requirements of section R. 314-31, the organization shall issue a number of original guarantees equal to the number of megawatthours of electricity produced during the period, 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.
The original warranty application must include:
1° The name and address of the applicant or, if it is a legal entity, its name or social reason and the address of its head office;
2° The name and location of the electricity production facility;
3° The type and installed power of the installation;
4° The date of commissioning of the facility;
5° References for the receipt of the authorization to operate issued pursuant to section 1 of Chapter 1 of this title;
6° References to the network access contract when such a contract was entered into;
7° The references to the purchase contract when the original warranty application is submitted by an electric buyer who has entered into a purchase contract governed by the provisions of Articles L. 121-27, L. 311-12 and L. 314-1;
8° The start and end dates of the electricity generation period for which the original guarantee is requested;
9° The amount of electricity produced during the period on which the demand for original guarantees is applied. When the electricity was produced by a pumping power transfer station, by a mixed plant for the production of electricity from biomass and fossil fuels, by a household waste incineration plant or by cogeneration, it is accounted for in the manner prescribed by the decrees provided for in R. 314-27;
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 assistance 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. 121-27, L. 311-12 and L. 314-1.
The application also states:
1° When electricity was produced from renewable energy sources:
(a) The nature of the energy source from which electricity was produced;
(b) The share of electricity generated from renewable energy, if the installation works with other energy sources;
2° When electricity is produced by cogeneration:
(a) The thermal power of the installation;
(b) Fuels from which electricity was produced;
(c) The lower heating power of the fuels used;
(d) The overall performance of the installation;
(e) The amount of heat produced during the period for which the original warranty is requested;
(f) The use of heat produced at the same time as electricity;
(g) Primary energy savings, calculated in accordance with the provisions of Article R. 314-27.
The applicant for an original warranty must retain all relevant information and documents for three years from the date of the application.
When the installation for which the application is made is connected to the public electricity transmission 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 facility has already obtained a guarantee of origin. This deadline is extended to sixty days if it is for the installation of a first application.
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 issue, 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 Article R. 314-31.
The agency 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.
The register is published on the website of this organization. For each original warranty, the registry elements accessible to the public are:
1° The number identifying the original warranty and its country of issue;
2° The date of its deliverance;
3° The name and quality of the applicant;
4° The name and location of the electricity production facility and its power;
5° The source of energy from which electricity was produced;
6° The dates of the beginning and end of the period on which the demand for original guarantees was applied;
7° The date on which the installation was commissioned;
8° The type and amount of national assistance 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;
9° Where applicable, the reference to the registration referred to in section R. 314-37.
The organization shall, at least every month, update the registry.
Each year, the organization sends to the Minister for Energy a report on the original guarantees issued during the previous year.
An original warranty may, after it is issued, 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.
An original guarantee may be used by the 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 useR. 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, those it wishes to use R. 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 date of the beginning of the period on which the original warranty application is requested.
The original guarantees must be issued, transferred and cancelled electronically.
The original guarantees issued in other EU Member States may be used under the conditions provided for in Article R. 314-37.
In case of doubt about the accuracy, reliability or veracity of an original guarantee from another Member State of the European Union, the body responsible for the issuance of the original guarantees informs the Minister responsible for energy. The Minister for Energy shall notify the European Commission of his refusal to recognize these original guarantees.
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 of acceptance. 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.
Comptrollers may collect from the claimants of origin the elements to verify the accuracy of the information referred to in sections R. 314-31 and R. 314-32. Under the general conditions provided for in sections L. 142-20 to L. 142-29, they have access, between 8 a.m. and 8 p.m., to electricity production facilities for which an original warranty has been requested or obtained, with the exception of all premises serving as a home. They are required to preserve the confidentiality of the information they are aware of during their controls.
Any control is the subject of a record of the date, place and nature of the findings. The minutes shall be notified within fifteen days of the close of the report to the applicant of the original guarantee, as well as to the prefect in the area where the facility is located, by registered letter with acknowledgement of receipt or by any other means establishing the date of receipt.
If the control determines that the original warranty is based on erroneous information, the electricity produced after the period on which the last issued guarantee was carried shall not result in the issuance of an original warranty. A new original warranty may only be issued for a period after a new control establishing compliance with the elements of the original warranty claim in sections R. 314-31 and R. 314-32. This new control will be carried out at the applicant's request and fees.
At the request of the organization for the execution of its mission for the issuance and monitoring of the original guarantees as well as for the verification of the elements contained in the records of applications for original guarantees, each public electricity network manager shall verify the accuracy of the elements mentioned in 1° to 11° of section R. 314-31 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 necessary for the execution of its mission of issue, monitoring 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.
The conditions and terms and conditions for the issuance of the original guarantees provided for in this section are applicable in the non-interconnected areas.
The public electricity transmission network provides the interconnection functions of public distribution networks between them and with the main production facilities and the interconnection functions with the electricity transmission networks of neighbouring countries.
The public transport network also allows the connection, under the conditions mentioned in Article L. 321-6, of end-users who cannot be powered by a public distribution network.
Inside the works mentioned in Article L. 321-4, the public transport network includes:
1° The high or very high-voltage part of the transformation stations supplying one or more public distribution networks, as well as equipment ensuring the safety or security of the public transportation network, that is:
(a) High and very high voltage electrical installations and their associated control and control equipment, with the exception of high and very high voltage transformers in medium voltage and their protective cells;
(b) When they are for the exclusive use of the public transportation network manager or for common use, auxiliary services, excluding transformers, information transmission circuits and earth circuits;
(c) Counting facilities;
(d) Buildings that house the equipment necessary for the management and safety of the public transport network;
2° Lands, buildings, fences and access to the transformation posts mentioned in the 1° when the latter ensure the transformation between two levels of high or very high voltage;
3° The connections of the production facilities, downstream of the circuit breaker closest to these facilities, except as granted by the Minister for Energy for the facilities existing on August 11, 2004.
Where applicable, agreements between network managers include:
1° The conditions of access of each of them to the common infrastructure;
2° Conditions for sharing financial expenses;
3° The conditions under which land reserves are, in the case of a disposal project, proposed as a priority to the other party.
By derogation from the provisions of Article R. 321-2:
1° Voltage works greater than or equal to 50 kV, classified as public distribution but operated by EDF as manager of the public transportation network, under an agreement concluded before August 11, 2004 with a local distribution undertaking, continue to be part of public distribution;
2° A voltage work greater than or equal to 50 kV, located on the continental metropolitan territory, existing on 11 August 2004, may also be classified in a public distribution network, provided that:
(a) This work exclusively provides a power distribution function for the benefit of a local distribution undertaking;
(b) The classification of the public distribution work does not affect the safety and security of the networks, does not compromise their rational operation and is compatible with the development scheme of the public transport network approved under Article L. 321-6.
For the application of 2° of section R. 321-4, local distribution companies shall apply to the Minister responsible for the energy of an application comprising:
1° A plan of works;
2° The reasons for the application;
3° The advice of the distribution authority to which the distributor reports.
They transmit, in a concomitant manner, a copy of this application to the manager of the public transportation network, who sends the Minister responsible for energy his informed notice within three months of receipt of the copy of the application. After this period, the notice is deemed favourable. The Minister for Energy makes his decision within six months of filing the complete file.
When the application relates to existing public transport network works and the Minister's decision is favourable, the financial terms of the classification are negotiated between the applicant and the public transportation network manager. If there is no agreement within six months of the date of the Minister's decision, disputes shall be settled in accordance with the terms and conditions set out in section L. 321-5.
The classification of works in the public distribution network is effective when the applicant paid the price of the works.
When the manager of the public transport network wishes to obtain the classification in the public transport network of a voltage work equal to or greater than 50 kilovolts (kV) under the distribution, he shall refer the Minister responsible for energy to an application that includes:
1° A plan of works;
2° The reasons for the application.
It transmits, in a concomitant manner, a copy of this application to the distribution organizing authority if the work falls within the public distribution of electricity or the network manager. The organizing authority or network manager shall notify the Minister responsible for Energy of his or her notice within three months of receipt of the copy of the application. After this period, the notice is deemed favourable. The Minister for Energy makes his decision within six months of filing the complete file.
In the case that the Minister's decision is favourable, the financial terms of the classification are negotiated between the manager of the public transportation network and the owner of the works. If there is no agreement within six months of the date of the Minister's decision, disputes shall be settled in accordance with the terms and conditions set out in section L. 321-5.
The classification of works in the public transport network is effective when the applicant has paid the price of the works.
The chair of the commission responsible for resolving disputes during transfers of works under the public electricity transmission network is appointed, on the proposal of the first president of the Court of Auditors, by a decision of the Minister for Energy.
The Commission shall consist of two other members appointed under the following conditions:
1° A qualified personality, chosen because of its technical skills in the electricity grid sector, appointed by decision of the Minister responsible for energy;
2° A qualified personality, chosen because of its technical skills in the area of activity of the person who must transfer the works, appointed by decision of the Minister responsible for energy:
(a) On the proposal of the minister of guardianship of the sector concerned if it is a national public enterprise;
(b) At the proposal of the territorial community, or the grouping of the communities concerned, if it is a work that falls within a public distribution network;
(c) On the proposal of the governing body of society, if it is a private sector society.
The commission establishes its rules of operation. It hears representatives of companies and organizations interested in the transfer of works and any person whose notice appears to it useful.
The conditions for the connection to public electricity grids of electricity generation facilities from renewable energy sources are set out in this section and section 6 of Chapter II of Title IV of this book.
For the application of the second paragraph of Article L. 342-1, do not fall within the regional framework for connection to the renewable energy network:
1° Installation connections of an installed power of less than or equal to 100 kilovoltampers; ;
2° Connections of facilities whose conditions are fixed as part of a call for tenders under section L. 311-10.
The manager of the public transport network develops the regional framework for connection to the renewable energy network, taking into account the qualitative and quantitative objectives for the development of electricity generation from renewable sources of energy, set by the regional climate, air and energy scheme pursuant to the 3rd I of Article L. 222-1 of the environmental code.
When it concerns, in whole or in part, the perimeter of a maritime façade, the connection schema is compatible with the directions of the strategic façade document provided for in Article L. 219-3 of the Environmental Code.
The Public Transport Network Manager develops the regional framework for connecting renewable energy to the network in agreement with the managers of the relevant public distribution networks.
When it comes to areas not interconnected to the continental metropolitan power grid, the regional framework for connection to the renewable energy network is developed by the manager of the public distribution networks of the area concerned. The Public Distribution Network Manager of the relevant non-interconnected area completes the missions assigned to the Public Transport Network Manager by this section.
During the development of the scheme, the deconcentrated services in charge of energy are consulted, the regional council, the distribution organizing authority comprising the most inhabitants in each department concerned and the distribution organizing authorities comprising more than one million inhabitants, the professional organizations of electricity producers and the chambers of commerce and industry.
The regional framework for connection to the renewable energy network covers the entire administrative region. However, for reasons of consistency specific to electrical networks, a particular geographic component of the schema may concern several administrative regions or, where appropriate, an infra-regionaL level. The reasons for the use of a particular geographic component are justified in the regional framework for linking to the renewable energy network. The regional framework for connection to the renewable energy network includes, where appropriate, a specific component for connecting production facilities at sea.
The manager of the public transport network specifies, in its technical reference documentation, the method and assumptions for the development and realization of the regional framework for connection to the renewable energy network. In particular, it specifies the method for the development of the initial location status, describing the reception capabilities and constraints of each of the public transport network works of the area concerned and including the creations and reinforcements of work decided by the manager of the public transport network on the date of the drawing.
For the development of the initial state, the managers of the public distribution networks present in the area communicate to the manager of the public transport network the capacity of reception and the constraints of the sources of electricity transformation between the public distribution networks and the public transport network, as well as the creations and reinforcements of structures decided by these managers of the public distribution networks on the date of development of the scheme.
The initial state of the premises is annexed to the regional framework for connection to the renewable energy network.
The regional framework for connection to the renewable energy network includes:
1° A document identifying the source posts, public transport network posts and the links between these different posts and the public transport network, as long as the various projects are designed to integrate the regional linkage scheme into the renewable energy network; these are both works to be created and existing works, which may, if necessary, be strengthened;
2° A document specifying the overall capacity of the regional connection schema and the capacity of each particular component if it exists, as well as the reserved capacity for each position and transferable under the last paragraph of section D. 321-21. The overall capacity of the regional connection schema or the particular geographic component is equal to the sum of the capacities reserved for each post of the regional connection schematic or the geographical component R. The capacity reserved for each existing position or to create is at least equal to the increased capacity allowed on this position by the books to be created mentioned in 1°;
3° The detailed list of the electrical works referred to in the 1st to be created, if any by a particular component, which are intended to include the pooling perimeter provided for in Article L. 321-7 and, where applicable, the detailed list of the works to be created by a particular component of the scheme;
4° A document assessing the forecasting cost, detailed by work, of the investments to be made under the 3° for the regional connection schema and, where applicable, for each particular component, their updating modalities and the indexing formula for this cost; Methods for calculating the forecast cost are set in the technical reference documentation of network managers;
5° A map at 1/250,000 to locate and strengthen existing structures, as well as the planned location of the works to be created;
6° The schedule of studies to be completed upon approval of the schema and the forecast schedule for filing requests for administrative authorization for the completion of the work;
7° The forecast schedule for the commissioning of the creations and reinforcements of works indicated in the original state and referred to in the first paragraph of Article D. 321-14.
The criteria determining the beginning of the work for the works to be created or strengthened are set by the technical reference documentation of each of the managers of the public power grids.
When the regional framework for connection to the renewable energy network includes a work under the concession of the public distribution network, it is submitted for notice, prior to its approval, to the organizing authority of the public distribution network concerned. The organizing authority has a period of one month to render its opinion. After this period, the notice is deemed favourable. The notices are attached to the file transmitted to the prefect of the region.
When an electrical work located at sea is intended to integrate the regional connection scheme, it is linked to the regional linkage scheme of the administrative region in the territory of which the shipyard is envisaged.
Any connecting work located at sea is part of the concession of the public electricity transmission network or the concession of public electricity distribution, as it is connected to a work that falls under either of these concessions.
The regional framework for connection to the renewable energy network is approved by the regional prefect. When a particular component of this schema concerns several regions, this part is approved jointly by the relevant regional prefects. In this case, the six-month period provided for in Article L. 321-7 to establish this particular component is short from the adoption of the last regional climate, air and energy scheme covered by this particular component.
When the regional framework for connection to the renewable energy network includes one or more works at sea, the scheme is approved jointly by the regional prefect and the marine prefect.
As soon as the regional framework for connection to the renewable energy network is approved, network managers undertake technical and financial studies, and then initiate the administrative procedures necessary to carry out the works.
The reservation of the host capacities provided in the regional framework for connection to the renewable energy network in the queue of requests for connection to the benefit of the electricity production facilities from renewable energy sources referred to in Article D. 321-10 begins on the date of publication of the decision to approve the scheme by the prefect of the region and ends after a period of ten years, beginning:
1° The commissioning of the works created or strengthened;
2° From the publication of the decision to approve the schema for existing works.
At the expiry of the booking times mentioned in the first paragraph, the available capacities are made available to any producer wishing to connect to the networks, under the financial conditions set out in D. 342-22.
Prerequisitely for the approval of the regional connection schema, the manager of the public transport network, in agreement with the managers of the public distribution networks concerned, adapts the level of capacity reserved by post mentioned in 2° of Article D. 321-15, without diminishing the overall reception capacity of the particular schema or geographic component, to take into account the changes in the status of the initial places referred to in Article D. 321-14 intervened.
Subject to taking into account the physical constraints that may be exerted on public electricity grids, the reserved capacity may be transferred between the positions mentioned in 2° of Article D. 321-15 under the same regional connection scheme or, where applicable, from the same particular geographic component, to the extent that neither the amount of the quota nor the overall capacity to accommodate the scheme referred to in Article D. 342-22 are amended.
The terms and conditions of study and the criteria for the implementation of these transfers are specified in the background technical documentation of public network managers.
Transfers are notified to the prefect of the region by the manager of the public transport network in agreement with the managers of the relevant public distribution networks and are published by the manager of the public transport network on his website.
The manager of the public electricity transmission network shall make the necessary arrangements for the continuity of the voltage issued by this network and to supply a public electricity distribution network. For this purpose, a Minister of Energy order sets out the maximum permissible number of power cuts of the public electricity distribution network by the public electricity transmission network. This order also specifies the method of assessing the continuity of tension.
When it is found that a public electricity distribution network does not meet its own voltage continuity obligations pursuant to the provisions of sections D. 322-2 and following and that the voltage supplying this public electricity distribution network does not meet the conditions set out by the order set out in the previous paragraph, the manager of the public electricity transmission network shall promptly transmit his analysis of the dysfunction to the prefect of the electricity. In addition, as necessary, it transmits, within three months, to the same persons a program of improvement of the public electricity transmission network capable of remedying this malfunction. The prefect approves the time limit for the execution of this program or notifies a different time limit to the manager of the public transportation network, after having collected any comments.
The competent administrative authority to request producers, pursuant to section L. 321-13, to justify that their production facilities are not technically available is the Minister responsible for energy.
The provisions of this section set out the quality levels and technical requirements to be met by the managers of the public distribution networks referred to in Articles L. 111-52 and L. 151-2 outside exceptional circumstances defined in Article 19 of the standard terms of reference annexed to Decree No. 2006-1731 of 23 December 2006.
The network manager shall take the necessary measures to ensure that the voltage delivered by the network is generally maintained within a range of variation and to ensure that the continuity of this voltage is overall assured.
An Energy Minister's order sets the limits, high and low, of this range of variation and the maximum cumulative number and duration of the Eligible Power Cuts in the year. This decree specifies statistical methods to verify whether these thresholds are met.
When its network is powered by another public electricity distribution network, the upstream network manager shall take the necessary steps to ensure that the downstream network manager is able to meet its own obligations.
At the end of each year, the network manager conducts an evaluation of the overall maintenance and continuity of network voltage for the past year.
It shall, no later than April 30 of the year following the period being assessed, transmit the results of its evaluation to other departmental public electricity distribution network managers. The network manager consolidates the results of his evaluation by taking into account the results of similar evaluations of other public electricity distribution network managers in the department that were communicated to him.
It reports on the results of this consolidated assessment to the organization authority of the public electricity distribution network referred to in sections L. 322-1 and following, no later than May 15 of the year following the period being assessed.
The network manager retains the results of the evaluation for a minimum period of ten years during which they are made available to the organizing authority. The network manager shall submit to the approval of the organizing authority the terms and conditions for the collection of data used for the assessment referred to in the first paragraph, as well as the particular method of assessment applied when it differs from the methods specified in the order provided for in section D. 322-2. The silence held over two months by the organizing authority is approved.
When the network manager uses a method identified provisionally in the order set out in section D. 322-2, he or she gives the organizing authority any useful accuracy on this method.
When the results of the evaluation are insufficient in relation to the thresholds referred to in section D. 322-2, the network manager shall forward to the organizing authority, no later than the end of the second quarter of the year following the period being assessed, a program to improve the quality of electricity on the network. The organizing authority approves the time frame for the execution of this program or notifies the network manager a different timeframe after receiving any comments.
In the case provided for in Article L. 322-6, the network manager shall inform the organizing authority and transmit the data necessary for carrying out the work, including its analyses of imperfections and malfunctions to the relevant contractors. The same is true when the implementation of these measures is the responsibility of another public electricity distribution network manager, particularly in cases where the second manager contributes to the power supply of the network managed by the first, or is the responsibility of the manager of the public electricity transmission network.
Without prejudice to the provisions of this section, the network manager shall inform the organizing authorities and other managers of the public electricity distribution networks concerned of the actions it envisages to carry out in accordance with the provisions of Article D. 322-3.
Managers of several public electricity distribution networks in the same department may, subject to the agreement of the relevant organizing authorities, group themselves to evaluate the overall holding of the voltage across all the networks concerned, where such a grouping allows to improve the accuracy of this assessment or to facilitate its implementation.
When the Electricity Distribution Conference referred to in Article L. 2224-31 of the General Code of Territorial Communities was established, the Network Manager shall transmit to it the results of the consolidated assessment and shall inform it, within the time limits provided for the transmission to the Organizing Authority, of the actions it has undertaken pursuant to the provisions of Article D. 322-5
A decree of the Minister of Energy sets the quality levels and technical requirements for the continuity of power supply.
When it finds that the voltage issued to a network user, other than a electricity producer, is not maintained within the limits of the range of variation set by the order provided for in section D. 322-2 or is subject to a number of cuts exceeding in the year a threshold fixed by the same order, the organizing authority requests the operator of the public distribution network to conduct an analysis of the causes of the fixed dys
Based on the results of this analysis, the organizing authority requests, if any, the network manager to take the measures to remedy this malfunction. Starting with this application, the network manager has one month to provide the organization authority with any comments, to provide a corrective action program, and to submit to its approval the anticipated deadlines for the implementation of this program.
In the case provided for in section L. 322-6, the manager of the public electricity distribution network shall inform the organizing authority and shall transmit to the relevant owners the data necessary for the completion of the work, including its analysis of the malfunction found. Where applicable, the network manager shall inform the organizing authority of situations where the implementation of the measures referred to in the second paragraph of this section is the responsibility of another public electricity distribution network manager, in particular in cases where the second manager contributes to the electrical power supply of the network managed by the first, or is the responsibility of the manager of the public electricity transmission network.
The terms of reference of the concession contracts referred to in I of Article L. 2224-31 of the general code of the territorial authorities and the regulations of service of the governed shall be in accordance with the provisions of this section.
A power distribution concession contract or a service regulation in the case of a board may contain more binding provisions after notice by the manager of the public electricity transmission network and, where applicable, by the manager of the public electricity distribution network located upstream. Contractually fixed quality levels are based on the rules of art as well as an assessment of the quality of electricity found on the public electricity distribution network.
Applications for the purpose of the declaration of public utility of electricity works for the establishment of bonds without the use of expropriation are instructed under the specified conditions:
1° Articles R. 323-2 to R. 323-4 concerning:
(a) The works of concessions and power distribution authorities whose voltage is less than 50 kilovolts;
(b) Public electricity distribution works;
(c) The works of the general power grid in voltage electrical energy less than 63 kilovolts;
(d) Electricity distribution works to public voltage services less than 63 kilovolts;
2° By the provisions of Article R. 343-3 with regard to the direct lines referred to in Article L. 343-1;
3° By the provisions of Article R. 323-5 with regard to:
(a) The works of the concessions for the transport and distribution of electricity whose voltage is greater than 50 kilovolts and less than 225 kilovolts;
(b) The works of the general power grid in voltage electrical energy greater than or equal to 63 kilovolts but less than 225 kilovolts;
(c) Electricity distribution works to public voltage services greater than or equal to 63 kilovolts but less than 225 kilovolts;
4° By the provisions of Article R. 323-6 with regard to:
(a) The works of the concessions for the carriage or distribution of electricity whose voltage is greater than or equal to 225 kilovolts;
(b) The works of the general power grid in voltage electrical energy greater than or equal to 225 kilovolts;
(c) Electricity distribution works to public voltage services greater than or equal to 225 kilovolts.
For the books mentioned in the 1st of Article R. 323-1, the application for a declaration of public utility is addressed to the prefect of the department(s) where the works must be established.
The application is accompanied by a file including:
1° A map at 1/10 000 on which the plot of the planned pipelines and the location of the other existing main works or to be created, such as the transformation stations with regard to electricity;
2° A descriptive brief indicating the general provisions of the books and mentioning the existing or in-training concession to which they relate or the commitment to file a concession request within two months of the time;
3° An environmental impact assessment when required by the environmental code.
The prefect conducts the instruction. He requests the advice of interested civilian and military services, mayors and, where appropriate, the granting authority and indicates to them the deadline for making a decision. This deadline is one month for public electricity distribution works and two months for other works. However, in the latter case, the time limit may, in the event of an emergency, be reduced without being less than one month. In the absence of a response within the time limit, it has gone beyond and the instruction is continued.
The prefect shall receive the observations collected from the public consultation referred to in the second paragraph of Article L. 323-3 and shall transmit the results of the services consultations to the applicant, who may make comments.
The statement of public utility is pronounced by prefectoraL order. For works to be established in the territory of several departments, the public utility declaration is issued by joint order of the prefects of the departments concerned or, in the event of an unfavourable opinion of at least one of the prefects concerned, by order of the Minister for Energy.
For the books referred to in the 3rd of Article R. 323-1 of this Code, the application for a declaration of public utility is addressed to the prefect of the department(s) where the works are to be implemented. It is accompanied by a file including:
1° A map at 1/25,000 on which the layout of the planned pipelines and the location of other existing or to be created principal structures, such as the transformation stations;
2° A descriptive brief indicating the general provisions of the works, their inclusion in the existing network, their technical and economic justification and the timing of the consultations that may have taken place on the project and the main lessons learned from them;
3° An impact assessment, when required by the environmental code.
The prefect conducts the investigation of the application. He requested the advice of the civil and military services and interested mayors, indicating that a two-month period was provided to them for a decision. In the absence of a response within this period, it has gone beyond and the instruction is continued. The prefect shall forward the results of these consultations to the applicant who may make comments.
When required, a public inquiry shall be conducted in accordance with the terms and conditions set out in sections R. 123-1 and following of the Environmental Code. Where a public inquiry is not required, a public consultation shall be conducted in accordance with the second paragraph of Article L. 323-3 of this Code. The Prefect collects the applicant's comments, as the case may be, on the report of the Investigative Commissioner or the Board of Inquiry or on the synthesis of the observations collected during the public consultation.
The statement of public utility is pronounced by prefectural order.
For works to be established in the territory of several departments, the public utility declaration is issued by joint order of the prefects of the departments concerned or, in the event of an unfavourable opinion of at least one of the prefects concerned, by order of the Minister for Energy.
When implementing the provisions of the urban planning code relating to the compatibility of urban planning documents, the decree declaring public utility takes approval of the new provisions of the relevant urban planning documents.
For the books referred to in section R. 323-1 of this Code, the application for a public utility declaration is addressed to the Minister responsible for energy. It is accompanied by a file including:
1° A map at 1/25,000 on which the layout of the planned pipelines and the location of other existing or to be created principal structures, such as the transformation stations;
2° A descriptive brief indicating the general provisions of the works, their inclusion in the existing network, their technical and economic justification and the timing of the consultations that may have taken place on the project and the main lessons learned from them;
3° An impact assessment, when required by the environmental code.
This application is forwarded by the Minister to the prefect of the department(s) where the works are to be implemented. If the works cross several departments, the minister directs one of the prefects to centralize the results of the instruction. This prefect is that of the department where most of the operation must be carried out.
The prefect conducts the investigation of the application.
He requested the advice of the civil and military services and interested mayors, indicating that a two-month period was provided to them for a decision. In the absence of a response within the time limit, it has gone beyond and the instruction is continued. The prefect shall forward the results of the consultations to the applicant who may make comments.
When required, a public inquiry is conducted under the conditions set out in sections R. 123-1 and following of the Environmental Code. Where a public inquiry is not required, a public consultation shall be conducted in accordance with the second paragraph of Article L. 323-3 of this Code. The prefect of the department concerned, or, where appropriate, the prefect coordinator, after having collected the petitioner's observations, as the case may be, on the report of the investigating commissioner or the commission of inquiry, or on the synthesis of the observations made during the public consultation, shall, with his opinion, transmit the evidence to the Minister responsible for Energy.
The statement of public utility is issued by the Minister, including, by derogation from the provisions of the fifth paragraph of section R. * 123-23-1 of the urban planning code, when the provisions of this code are applied with respect to the compatibility of urban planning documents, in which case the order takes approval of the new provisions of the urban planning documents concerned.
The easements established following the declaration of public utility issued under the conditions set out in subsection 1 shall be established in accordance with the terms and conditions set out in this subsection.
The establishment of temporary occupancy servitudes remains governed by the provisions of the Act of 29 December 1892 on damage to private property by the execution of public works.
The petitioner notifies the proposed provisions for the establishment of servitudes to the owners of the funds concerned by the works. In order to implement the provisions of Article R. 323-18, the owners of the funds are required to notify the petitioner, within fifteen days of the notification, of the names and addresses of their occupants with a regular title.
In the event of disagreement with at least one of the interested owners, the petitioner submits a request with a plan and a common parcel state indicating the properties that must be achieved by the servitudes.
This request is addressed to the Prefect and contains the necessary information on the nature and extent of these servitudes. The prefect, within fifteen days of receipt of the request, prescribes by order an investigation and designates an investigator.
The same order specifies the purpose of the investigation, the opening and closing dates of the investigation, the duration of which is eight days, the place where the investigator sits, as well as the hours during which the file can be consulted at the town hall of each of the municipalities concerned, where a register is opened to collect the observations.
This order is notified to the petitioner and immediately forwarded with the file to the mayors of the municipalities concerned, who must, within three days, complete the formalities provided for in article R. 323-10.
The initiation of the investigation is announced by posting at the City Hall and possibly by any other process in each of the communities concerned.
Comments are recorded on the record or sent in writing either to the mayor who joins them in the register or to the investigator.
Upon the expiry of the eight-day time limit, the investigation register is closed and signed by the mayor, and then transmitted within twenty-four hours with the file to the investigator who, within three days, gives his reasoned opinion and prepares the record of the operation after hearing any person he considers likely to enlighten him.
Upon expiry of the latter period, the investigator shall forward the file to the prefect
Upon receipt, the prefect forwards the investigation file to the petitioner who examines the submissions and, where appropriate, amends the project to take them into account.
If the modifications to the project are made by bondage of new properties or aggravate previously planned servitudes, the provisions of Article R. 323-8 shall be applied to the institution of these new servitudes and, if necessary, to those of Articles R. 323-9 to R. 323-12.
The servitudes are established by prefectural order.
This order is notified to the petitioner and posted to the City Hall of each of the municipalities concerned.
The petitioner is notified by registered letter with a request for a notice of receipt to each interested owner and to each occupant with a regular title.
After the completion of the formalities referred to in R. 323-14, the petitioner is authorized to exercise the servitudes.
The owner of a land encumbered with easements must, before undertaking any demolition, repair, elevation, fence or building mentioned in section L. 323-6, prevent it by registered letter, at least one month before the start of the work, the manager of the public distribution network concerned.
An allowance may be paid to the occupant of the fund subject to a regular title, taking into account the actual injury suffered by the fund.
In the absence of an amicable agreement between the petitioner and the interested parties, the compensation is fixed by the expropriation judge.
The notice or posting fees incurred during the course of the instruction of public utility claims and in connection with the establishment of servitudes are the responsibility of the petitioner.
The easements referred to in Article L. 323-10 may be established on either side of any airline of voltage greater than or equal to 130 kilovolts, existing or to create.
The easements referred to in section L. 323-10 affect the use of the soil and the execution of the work referred to in section R. 323-21 within a perimeter that includes the funds located inside:
1° Circles of which the centre is constituted by the vertical axis of the supports of the line and whose radius is equal to 30 meters or at the height of the supports if it is higher;
2° From a strip delimited by the vertical projection to the ground of the cables of the electric line when at rest;
3° Bands of a width of 10 meters on both sides of the corridor provided for at 2°.
For aerial electrical lines of voltage equal to or greater than 350 kilovolts, the radius mentioned in the 1° is carried at 40 meters or at a distance equal to the height of the support if it is higher and the width of the strips mentioned in the 3° is increased to 15 meters.
The application field of the servitudes can be adapted within the limits set out in the previous paragraph depending on the characteristics of the places.
In the perimeter of the servitudes provided for in Article R. 323-20:
1° Except for the adaptation, rehabilitation or extension of existing constructions referred to in the second paragraph of Article L. 323-10, construction or construction shall be prohibited:
(a) Buildings for use in housing or reception areas for travellers;
(b) Institutions receiving from the public within the meaning of the construction and housing code in the following categories: reception facilities for older persons and persons with disabilities, hotels and accommodation facilities, educational institutions, holiday settlements, health facilities, penitentiary institutions, outdoor institutions;
2° In addition, may be prohibited or subject to specific requirements the construction or development of buildings housing:
(a) Institutions receiving the public within the meaning of the construction and housing code other than those mentioned in 1° above;
(b) Plants classified for environmental protection subject to authorization and manufacturing, using or storing oxidizing, explosive, flammable or fuel substances.
The procedure for the institution of the servitudes referred to in Article R. 323-20 is conducted under the authority of the prefect.
Prerequisitely to the organization of the public inquiry, the prefect seeks the advice of the operator of the electric line(s), the services of the interested State and the mayors of the communes on whose territory the institution of the servitudes is envisaged, indicating that a period of two months is given to them to decide. In the absence of a response within the time limit, the notice is deemed favourable.
A public inquiry shall be conducted under the conditions set out in the provisions of the Code of Expropriation for public purposes applicable to public investigations prior to a declaration of public utility, subject to the provisions of this Article.
The file submitted to the public inquiry includes:
1° A notice presenting the relevant electrical lines(s) and setting out the reasons for the institution of the servitudes, the elements retained for the delimitation of the scopes envisaged and the nature and importance of the restrictions on the property rights resulting therefrom;
2° The notices provided in the second paragraph collected prior to the organization of the public inquiry;
3° A parcel plan delimiting the perimeter established under section R. 323-20.
The fee for the preparation and dissemination of the file is borne by the operator of the electric line(s) concerned.
The statement of public utility of the servitudes referred to in article R. 323-20 is pronounced by order of the department's prefect. It carries out the institution of servitudes within the perimeter delimited on the annexed parcel plane.
The removal of all or part of the servitudes mentioned in article L. 323-10 is pronounced by prefectural order.
The works of the public electricity grids, which include the public electricity transmission network, the public electricity distribution networks and the electricity distribution networks to the public services as well as the works of the direct lines are carried out under the responsibility of the owner in accordance with the technical regulations, the standards and the rules of the art in force as well as, for public networks, in accordance with the additional requirements mentioned by the regulations of the
The technical security conditions referred to in section L. 323-12 shall be determined by order of the Minister for Energy.
Without prejudice to the conditions provided by other regulations, any project of a public electricity distribution network project, with the exception of the high-voltage or very high-voltage power conversion stations, is the subject of a consultation by the construction manager at least one month before the start of the work, the mayors of the municipalities and the managers of the public domains in the territory or the right of which the works must be established. To this end, he transmits a file including:
1° A presentation note describing the main characteristics of the project;
2° A preliminary draft on an appropriate scale on which the outline of the electrical pipes and the location of the other projected electrical structures is shown;
3° All documents capable of justifying project compliance with existing technical regulations.
The consultation may be validly conducted by electronic means, as well as the transmission of notices.
Notices are rendered within one month. However, for the execution of work involving low-voltage works, works of construction of electrical lines whose length does not exceed three kilometers and works of installation of works aimed at modifying the levels of tension and their cut-off bodies, as long as the higher voltage level does not exceed 50 kilovolts, the time limit is reduced to twenty-one days. The notices are validly transmitted by electronic means. If they have not reached within the time limit, the notices are deemed favourable.
The owner takes into account the opinions he has received, in the light of the applicable regulations and the characteristics of the project, adapts as necessary his project and archives these notices as well as the motivated answers he has addressed to those who have issued them. These documents are made available to the competent authorities. The execution of maintenance, repair, removal and replacement works with similar features and features, as well as the reconstruction or interim reinforcement work carried out in the event of an emergency, is exempt from the formalities provided for in this section. The same applies to low-voltage branching work that must be carried out in compliance with the provisions of the road regulations. The provisions of this section do not exempt the owner from obtaining the approval by the prefect of the draft detail of the tracks, when required by section L. 323-11.
Without prejudice to the conditions provided for by other regulations, any project to create a high or very high-voltage position, any project of work leading to the extension of the land surface of such a position, as well as any project of work of more than 50 kilovolts of a public electricity network, shall, prior to its execution, be subject to approval by the prefect under the conditions established by section R. 323-27. However, no approval is required under this section for the execution of maintenance, repair, removal and replacement works with similar features and features as well as for the reconstruction or interim reinforcement work carried out in the event of an emergency. The works of electricity distribution networks to public services whose level of tension is less than 50 kilovolts are subject to the provisions of Article R. 323-25.
The approval of the draft detail provided for in Article L. 323-11 is given by the prefect, in the approval of the draft work or by separate act.
When the work is subject to the provisions of the first sentence of the first paragraph of Article R. 323-26, the owner shall apply to the prefect for approval with a record including:
1° A presentation note describing the main characteristics of the project;
2° A map on an appropriate scale on which the details of the electrical pipes and the location of other projected electrical works are shown;
3° An impact assessment, when required by the environmental code and not produced under sections R. 323-5 and R. 323-6 or other procedure;
4° All documents that justify the project's compliance with the existing technical regulations.
A copy of the file is transmitted for advice by the prefect to the mayors of the municipalities and to the managers of the public domains in whose territory the works must be established.
The notices of the parties consulted are rendered within one month. If the owner simultaneously filed an application for a public utility declaration and an application for approval, the deadline is two months. If they have not reached within the time limit, notices are deemed to be given. The Prefect statue:
1° When an impact assessment is required, not later than three months after the public inquiry is completed;
2° When the owner simultaneously filed an application for a public utility declaration and an application for approval of the draft, within the month following the signing of the public utility declaration;
3° In all other cases, within three months of filing the application for approval. The prefect may, by a reasoned decision notified to the owner, extend this period for a period not exceeding two months.
If a decision is not made within the time limit, approval of the project is deemed to be denied.
The decision is published in the compendium of the administrative acts of the prefecture and is posted in the town halls concerned by the proposed works.
When the proposed works relate to several departments, the application for approval is addressed to each respective prefect. The decision shall be taken by joint order of the prefects of the departments concerned.
The technical provisions adopted for the works of public electricity networks and the conditions of their execution must meet the technical requirements established by a joint decree of the Minister for Energy and the Minister for Health.
The requirements of this Order are intended to prevent these works from jeopardizing the safety of persons and goods, the safety of operation of the electrical system or the quality of electricity, generating an excessive noise level in their vicinity and exceeding the standards in force for the exposure of persons to electromagnetic radiation.
This Order may provide, depending on the security of persons and goods, the operational safety of the electrical system or the quality of the electricity, that some of its requirements are applicable, as a result of a substantial amendment to an existing work, to the entire work or only to its new or modified parts.
The manager of a public electricity network records information in a geographic information system to identify any work of this network as a result of its construction, reconstruction, modification or removal or as a result of the user's connection to this work. When a work of a public electricity distribution network is carried out by the organizing authority referred to in Article L. 2224-31 of the general code of territorial authorities, the authority shall communicate to the network manager the information necessary for the registration.
The geographic information system includes the location of the works, their dimensions, their construction date, their electrical characteristics, their technology, the special organs and the associated installations, the significant maintenance operations and the date of the technical control provided for in R. 323-30. This information is specified by an energy minister's order.
The information registered under this section shall be made available to the prefect when it concerns the transportation network or an electricity distribution network to public services, and to the organizing authority when it concerns a public electricity distribution network, no later than three months after the operation of the facility.
The network manager also records in the system referred to in the first paragraph, at the expense of interested persons, information relating to the works of a direct line and the works referred to in articles R. 323-40 and R. 323-42, which were communicated to him by those responsible for these works. This does not result in any liability for the network manager when this information includes errors or inaccuracies that are not in fact.
Except for low-voltage branching works, the recording operation provided for in this article is carried out for works already in service, even in the absence of work concerning them, by 31 December 2013 for works whose voltage is greater than 50 kilovolts, on 31 December 2020 for low-voltage works and 31 December 2016 in other cases.
The works of public electricity networks and direct lines are subject to technical controls to verify that they comply with the technical requirements applicable to them. These controls are carried out by a technical organization certified in quality, independent of the owner and the network manager. This independence can only be functional. The controls are carried out during the commissioning of the works and renewed at least once every twenty years.
These controls are borne by the manager of the public electricity network concerned or, for a work of a direct line, by the holder of the authorization of this line. However, where the work of a public electricity distribution network is carried out by the organizing authority referred to in Article L. 2224-31 of the General Code of Territorial Communities, the initial control shall be the responsibility of that authority which shall give the network manager a declaration of conformity of the work to the technical requirements referred to in Article R. 323-28, together with the record of the controls that have been performed.
Managers of public electricity networks as well as licensees of direct lines shall address to the prefect and, where appropriate, to the organizing authority, once a year, an assessment of the controls over the works they operate, including any identified non-compliances and actions that have been undertaken to remedy them. They shall also transmit to the prefect and to the organizing authority, at their request, a copy of the records of the controls carried out.
A Minister of Energy Order sets out the terms and conditions for the application of this section, including:
1° The list of checks to be performed according to the characteristics of the works and their length;
2° Cases where controls can be performed on the basis of a survey on parts of the work, where the size of the work is important and that it is made up of parts with repetitive characteristics;
3° Works that may be exempted from controls because of their simplicity or the complexity of the risks presented;
4° The conditions under which the provisions of this article are applied, the first time, to works already in service.
This order may also reduce the frequency mentioned in the first paragraph based on the return of experience of these controls.
The monitoring of compliance with the obligations of managers of public electricity networks and the holder of the authorization of a direct line for the construction or operation of the works is carried out:
1° By the organizing authority referred to in Article L. 322-1, for the obligations of the manager of a public distribution network;
2° By the prefect in all other cases.
Managers of public electricity networks and direct line authorization holders are required to carry out, at the request of the authorities referred to as the case in 1° or 2° of section R. 323-31, all necessary measures to verify the works and their operating conditions, to transmit to these authorities the results of the measures and to make available to the agents designated by these authorities the means necessary to enable them to carry out such verifications.
The works of the public electricity grids and those of the direct lines as well as all the installations that depend on them are operated under conditions guaranteeing their proper operation, performance and safety.
Managers of public electricity networks and direct-line licensees have the telecommunications systems that are essential to the proper operation of the works they charge.
Managers of the public power grids and holders of direct-line authorizations put out the branching and connection structures left in disinherence, after having previously ascertained this situation of disinherence among the putative users of these works. The silence kept by a putative user more than six months after the network manager made him known by registered letter with notice of receipt his intention to proceed with the release of such works is presumption of disinherence of them.
Managers of public electricity networks and the licensee of a direct line put out of tension, on their own initiative or, in an emergency situation, on the injunction of the prefect, any work whose operation jeopardizes public safety or security of persons and property.
Public electricity distribution network managers implement deletion devices to ensure the operating safety of the degraded electrical system. These devices shall be established in accordance with the safety rules developed by the manager of the public electricity transmission network referred to in the terms of reference set out in section L. 321-2 or, where applicable, of the same kind safety rules established and published by a power distribution network manager to the public services. The list of priority users is prepared by the Prefect in accordance with the requirements of a Minister of Energy order defining general rules of removal. This order specifies the information obligations of the manager of the public electricity distribution network with respect to the priority users it serves.
Is punished by the fine provided for contraventions of the 5th class, for any person not authorized by the manager of the public electricity network:
1° To enter by any means in the enclosure of a building or an outbuilding of a public electricity network or to let an animal in the enclosure of which it has custody;
2° Manoeuvre an element or act on a device of a work or device of a public electricity network;
3° knowingly launch any object or anything on a work or device of a public electricity network.
The manager of a public electricity network or the holder of a direct line authorization shall, without delay, notify the prefect and, if any, of the organizing authority referred to in section L. 322-1 of any accident that occurred on a work of which he or she operates and any other event affecting the safety of the operation or continuity of the service. This information includes the circumstances of the event. This information is completed within two months by a record that specifies the causes and consequences of the event as well as the corrective actions that have been taken.
An Energy Minister's order specifies the provisions of this section, including the nature of accidents and other events referred to in the first paragraph.
The manager of a public electricity network or the holder of a direct line authorization shall, at his or her own expense and without the right to compensation, carry out the modification or movement of a work in the public domain when the manager of the public domain so requests it in the interest of the public domain occupied.
The prefect may, by a reasoned decision, prescribing to a public electricity network manager or to the holder of the authorization of a direct line the movement or modification of a work, whether implanted or not on the public domain, where the operation is made necessary by the execution of public works. In this case, there is no cost to the manager of the public electricity network, unless otherwise provided by his or her specifications, or to the licensee of the direct line.
The costs that result, for a public electricity network manager or for the holder of a direct line authorization, from the action of a public electricity network manager or from a direct line authorization holder for the establishment, repair or replacement of a work that has been regularly built are the responsibility of the original one.
R. 323-26 and R. 323-27 are subject to the provisions of articles R. 323-26 and R. 323-27, although their level of tension is less than 50 kilovolts, and to articles R. 323-26 and R. 323-27
However, the prefect may refuse to approve a draft of such a work pursuant to section R. 323-26 if this project appears incompatible or redundant with the missions entrusted to the managers of public electricity networks under Book III. Prerequisitely to its decision, the Prefect consults, under the conditions of section R. 323-27, the managers of the public networks concerned, who have a month to decide. After this period, their notice is deemed given. In addition, the recipient of the approval shall provide the information required for the registration operation under section R. 323-29 to the relevant public electricity network manager.
A Minister of Energy Order specifies the works that are not subject to all or part of the provisions referred to in this section because of the simplicity of their characteristics, the complexity of the risks presented or the fact that they are subject to other regulations to reduce their risks.
Not subject to the provisions of Article R. 323-40 when they are energized:
1° Low voltage structures designed in accordance with existing standards;
2° Works other than those mentioned in 1° when they are part of the public transport systems of people.
The interconnection lines referred to in Article 17 of Regulation (EC) No 714/2009 of the European Parliament and Council of 13 July 2009 are subject to the provisions of Articles R. 323-26 to R. 323-28, R. 323-30 to R. 323-35 and R. 323-37 to R. 323-39 and R. 323-43 to R. 323-48.
Sub-section 5
Electromagnetic field control
Without prejudice to the provisions of section R. 323-30, the manager of the public electricity transmission network shall charge a control of the electromagnetic field for any new electric line of this network as well as for any existing voltage line greater than 50 kilovolts under a substantial change or recommissioned after a prolonged stop of more than two years. To this end, it sets out a line monitoring and monitoring plan specifying the parts of the work that are likely to continuously expose people to an electromagnetic field and the right of which representative measures of this field are carried out by an independent body accredited by the French Accreditation Committee or by an equivalent accredited accreditation body. The raw data recorded on the occasion of these measurements are corrected, including the effects of changes in current intensity in cables, in order to reflect the most penalizing situations that may be encountered in the normal operating regime for the work.
The initial control shall be carried out within 12 months after the power line is switched on or re-activated if the control concerns an existing line that has undergone a substantial change or has been stopped for more than two years. However, the above-mentioned control and monitoring plan may provide for a different period of time in the case of a high-length electric line without the delay exceeding two years.
The control is subsequently renewed whenever a change or evolution on the electric line or an evolution in its environment is likely to increase the exposure of people to the electromagnetic field.
The above-mentioned monitoring and control plan specifies how the manager of the public electricity transmission network ensures, at least once every 10 years, that changes in the electric line environment have not increased the exposure of people to the electromagnetic field. However, where specific circumstances warrant, the monitoring and monitoring plan sets a shorter period of time.
The control and monitoring plan referred to in R. 323-43 is approved by the prefect as part of the procedures set out in R. 323-26. After the commissioning of the electric line, the modification of the above-mentioned plan is subject to the prior approval of the prefect or intervenes at the initiative of the prefect when the prefect considers it necessary, after having collected the opinion of the manager, in view of a particular situation of exposure of the persons to the electromagnetic field generated by the line.
The Public Electricity Transport Network Manager transmits the results of the measures carried out during the year-over-year inspections to the National Food, Environment and Labour Safety Agency and the National Frequency Agency by March 31 of the following year. These measures include recorded raw data and corrections, as well as a note explaining how these corrections were determined.
A decree of ministers responsible, respectively, for energy, the environment and fixed health:
1° The methodology of the monitoring and monitoring plan;
2° The technical protocol that the measures provided for in this article are carried out and the various corrections to the effects of variation of the field that may be made to these measures;
3° Limit values of the electromagnetic field that should not be exceeded;
4° Cases where an electrical line may be dispensed from all or part of the controls due to the manifest lack of exposure of people to a significant electromagnetic field.
The control provided by section R. 323-43 is also required for the existing electric lines of the public electricity transmission network even in the absence of modification of these works. The network manager establishes the control and monitoring plan for the relevant electrical lines.
This document specifies the timing of the checks to be performed on the various power lines of the network. Areas in the territory where persons likely to be exposed to an electromagnetic field due to the lines mentioned in the first paragraph are the most numerous are controlled as a priority. The initial control of all existing electrical lines is completed by December 31, 2017.
In each department, the Public Electricity Network Manager addresses the control and monitoring plan to the prefect who may, after receiving the manager's advice, impose changes to this plan.
Without prejudice to the provisions of sections R. 323-43 to R. 323-46 of this Code, the manager of the public electricity transport network shall charge the additional measures requested by the local authorities, the approved environmental protection associations, the registered associations of users of the health system and the federations of family associations referred to in Article L. 211-2 of the Code of Social Action and the Family Associations.
However, it is not required to follow up on such solicitation when the requested measure is redundant in relation to measurements made for less than ten years or is not of interest due to the apparent lack of exposure of persons to significant electromagnetic fields. In this case, the manager of the public electricity transmission network informs the applicant and the prefect and communicates to them why they do not follow up. Within three months of the day that this information was provided, the prefect may, by a reasoned decision, require the network manager to make the requested measure at its expense.
The manager of a power distribution network to public services, the holder of a direct line authorization and the owners of the works referred to in sections R. 323-40 and R. 323-42 are subject to the provisions of sections R. 323-43 to R. 323-47 for electrical power lines above 50 kilovolts.
For the purposes of Article L. 331-2, the electricity consumption site is constituted by the establishment, identified by its identity number on the directory provided for in Article R.123-220 of the Commercial Code or, if not, for sites that are without such a number, by the place of electricity consumption.
The request for the issuance of the authorization to carry out the electricity acquisition activity for resale to final customers or network managers for their losses under section L. 333-1 is addressed, dated and signed, by registered letter with notice of receipt, to the Minister responsible for energy, accompanied by a file containing, under conditions of confidentiality allowing the protection of business secrecy:
1° Information on the applicant and its financial capacity:
(a) Its name, registration in the register of trade and companies, its statutes, if any the composition of its shareholding, the extract of the K bis register concerning it or the equivalent documents for operators located outside France; where applicable, its intra-community VAT number, as well as the quality of the signatory of the application and the excerpt of Bulletin No. 3 of the judicial record of its leader or, for the latter part, an equivalent document if the operator is located outside France;
(b) The annual results and balances of the last three fiscal years, or any equivalent accounting document for companies located in the territory of a Member State of the European Union or another State Party to the European Economic Area Agreement; companies that have been established for less than three years provide all of the annual results and balance sheets or equivalent accounting records available to them, as well as any supporting documentation of their complementary financial capacities or guarantees;
(c) Description of its industrial and commercial activities in the field of energy, and, where applicable, in other areas;
(d) Certificates certifying that the applicant meets tax and social obligations, issued under the conditions provided for in Article 46 of the Public Procurement Code, or any equivalent document for operators located outside France;
(e) A certificate of completion of the formalities provided for in Article R. 333-4, or if not, in the supply contracts referred to in item 2° f of this Article;
2° Information on the supply activity envisaged by the applicant and justifying its technical and economic capabilities:
(a) The commercial characteristics of its project and its place on the French and European market at the maturity of five years;
(b) The categories of customers to which they wish to address, distinguishing between final consumers and network managers for their losses and, for the first, between domestic customers and non-domestic customers;
(c) The size of the market covered by the categories of customers and the geographical distribution of these customers;
(d) The human and material means available to the applicant or planned to implement to ensure its supplier activity in the French market, as well as the organization of these means;
(e) Where applicable, the list of agreements with the general boards of the residential departments of their clients pursuant to the second paragraph of section 6-3 of Act No. 90-449 of 31 May 1990 on the implementation of the right to housing;
(f) The five-year forecast electricity supply plan, specifying the applicant's existing or planned sources of electricity, such as the conclusion of long-term contracts, the retention or reservation of production capacity, the supply to futures and cash markets, and the demand for regular access to historical nuclear electricity referred to in Article L. 336-1;
(g) Description of how the applicant intends to meet the capacity requirement under section L. 335-2, when it has been implemented;
(h) The general terms of the sales contracts established by the applicant according to the categories of customers he wishes to supply.
The Minister for Energy shall decide on the request for an authorization to purchase for resale of electricity within three months from the date of receipt of the full application for authorization, based on the criteria set out in section L. 333-1.
Authorization to exercise the electricity acquisition activity for resale is granted for a period of five years. Upon the expiry of this period, the beneficiary may continue its activity only after the renewal of the authorization.
Each year, the holder of a supply authorization shall communicate to the Minister responsible for Energy, by December 31, an update of the forecast plan referred to in section R. 333-1, paragraph 2(f), and any information amending the content of the authorization file under the same section.
Authorized suppliers are required to inform the Minister responsible for energy of any substantial changes to the conditions of their activity. In particular, they must inform them of the modification of the composition of their reference shareholders, as soon as they are informed, of their social reason or address, at the latest when the amendment comes into force.
For the implementation of the provisions of sections L. 321-14 and L. 321-15, a contract is entered into between the manager of the public transportation network and the merchant or, where applicable, his agent. This contract specifies, in particular, the modalities for establishing financial guarantees for the benefit of the manager of the public transport network. When a contract of this nature has already been entered into by the dealer in another title, it is amended to take into account the activity of electricity trading.
The authorization may be transferred to a new beneficiary when transferring a trade fund or a client portfolio. The licensee and the new operator shall jointly apply to the Minister responsible for Energy for the transfer of the authorization. The letter presenting the transfer of activity, co-signed by the holder of the authorization and the new operator, is accompanied by the information referred to in article R. 333-1 concerning the new operator. The Minister for Energy grants the transfer under the conditions set out in the first paragraph of section R. 333-2.
Without prejudice to the sanctions provided for in section R. 333-9, the Minister for Energy may, after consultation or referral by the manager of the electricity transmission network, suspend or withdraw the authorization for the exercise of the activity by the merchant if he finds that his behaviour is likely to compromise the proper operation, safety and security of electricity networks or the continuity of supply of consumers or if the conditions provided for in section 333-1 are no longer in effect.
The withdrawal or suspension may only be pronounced after the merchant has received notification of the grievances and has been allowed to consult the file and make his written or oral submissions within one month, assisted, if he wishes, by a person of his or her choice.
In all cases, a copy of the Minister's decision is addressed to the Electricity Transportation Network Manager.
However, in the event of a serious breach involving the integrity or security of the networks, the Minister for Energy may issue the immediate suspension of the supply authorization.
At least three months before it ceases to operate, the licensee shall inform the Minister of Energy of its intention. It indicates the conditions for this cessation of activity.
The Minister responsible for Energy shall issue the authorizations issued by extracts to the Official Journal of the French Republic.
Without prejudice to the provisions of section R. 333-2, the Minister for Energy may, under the conditions set out in section L. 335-8, impose the administrative and monetary penalties referred to in this section against the merchants, in the event of a breach of the provisions of section L. 333-1 or sections R.333-1 to R. 333-7.
Recipients of the authorization under section R.333-1 are required to inform end consumers of the origin of the electricity provided.
For this purpose, they indicate, on electricity bills or in an attached document and in the promotional documents relating to electricity to end-users:
1° The different primary energy sources used to produce the electricity they marketed in the preceding year;
2° The contribution of each primary energy source to their overall electricity supply in the previous year;
3° The reference to publications in which consumers can find information on the amount of carbon dioxide or radioactive waste generated by the production of one kilowatthour from all the primary energy sources used by the operator. This provision does not result in the obligation to provide these indications as a result of individual requests.
Operators who make electricity sales offers on an organised market offering electricity products to delivery in France are required to provide those responsible for this market with information on primary energy sources to produce electricity that is each of their offers. The persons responsible for this market shall, upon request, communicate the residual mix referred to in section R. 333-14 to the purchasers of electricity on the market who use it to meet their obligation of information under section R. 333-10.
In the case that electricity offers are certified, pursuant to a device legally established in a Member State of the European Union, as from a specified primary energy source, the purchaser of this offer may use it to provide the indications mentioned in 1° and 2° of Article R. 333-10. In this case, the quantities of electricity considered are not taken into account by market-driven persons to determine the data mentioned in the preceding paragraph.
The traders referred to in Articles R. 333-1 to R. 333-9 are required to provide, at the time of resale of electricity to another merchant, the data mentioned in the 1st of Article R. 333-10 or, if they have acquired electricity in an organised market offering electricity products to delivery in France, the data provided by the persons responsible for this market or, where applicable, the certificates established by the EU
The amount of energy produced from renewable sources corresponding to the original guarantees transferred by a third-party electricity provider is not taken into account when determining the distribution of the primary energy sources referred to in sections R. 333-10 to R. 333-12.
The body referred to in Article L. 314-14 publishes, each year, a residual mix of electricity, corresponding to the national electric production corrected for the imports and exports of physical electricity as well as the original guarantees used, exported and imported and adjusted by reliable traceability mechanisms. This residual mix is calculated by considering the mix calculations made by the countries of the European Union subject to the common regulation on the traceability of electricity. An Energy Minister's order sets out the conditions for calculating this residual mix.
The operators mentioned in section R. 333-10 shall, before December 31 of each year, address the information referred to in 1° and 2° of the same article to the Minister responsible for energy.
The breaches of the provisions of Article R. 333-10 and of this Article shall be found by the officers referred to in Article L. 142-21 and punished under the conditions laid down in Article L. 142-6.
For the purposes of this chapter in areas not interconnected to the continental metropolitan network, the distribution network manager is substituted for the transport network manager.
For the purpose and purpose of this chapter:
1° The "risk of failure" is the risk of breaking the balance between supply and demand for electricity in continental metropolitan France;
2° A "peak period" means the hours of a delivery year during which the risk of failure is highest, especially those during which national consumption is highest.
The "p1 peak period" is the peak period used to calculate consumer reference power; "P2 peak period" is the peak period used in the certification and capacity control methods.
The peak periods PP1 and PP2 are determined in such a way that they do not significantly deviate from the principle of non-discrimination between the reduction in the amount of the capacity requirement by a reduction in consumption and the certification of erase capacity.
3° A "year of delivery" is a twelve-month period, which may not coincide with the calendar year, including a peak period PP1 and a peak period PP2. The first year of delivery begins in 2016 and covers peak winter periods 2016-2017.
4° A "capacity" is a production capacity or capacity corresponding to the removal of a consummateuR. The production facility or the eraser consumer is located in continental metropolitan France and is connected, either directly by benefiting from a network access contract or indirectly by a discount service contract, the public electricity transport network or the public distribution network.
5° The "capacity requirement" means the obligation, for any supplier, to contribute to the security of electricity supply in accordance with Article L. 335-1 by having, for each year of delivery, valid capacity guarantees for this year of delivery, the amount of which is calculated according to the reference power of its customers and a security coefficient taking into account the risk of failure.
6° The "reference power" of an electricity consumer is a normative power, based on the consumption of this consumer during the peak period PP1 and reflecting its contribution to the risk of failure during the given delivery year. It is used to calculate the amount of supplier capacity requirement.
7° A "capacity guarantee" is an intangible, fungible, exchangeable and dessible property, corresponding to a normative unit power, issued by the manager of the public electricity transport network and issued to a capacity operator following the certification of a capacity and valid for a given year of delivery.
A capacity guarantee does not confer on its holder any right of access to energy generated by the capacity that gave rise to its delivery.
8° The "capacity certification contract" is the contract entered into by each capacity operator with the manager of the public electricity transmission network pursuant to section L. 335-3. By this contract, the operator undertakes to determine the actuality of its capacity.
The certified capacity level is the amount of capacity guarantees issued by the transport network manager and issued to the operator of a certified capacity for a given delivery year. It reflects the contribution of this capacity to reducing the risk of failure during the delivery year. It takes into account, inter alia, the anticipated availability of the product during the peak PP2 period of the delivery year.
The certification contract is inseparable from the capacity on which it carries. In particular, if this capacity is assigned to another operator, the certification contract and related commitments are fully transferred to the new operator.
9° The "certification perimeter" is the legal person held responsible for the commitments made by the operators of the capabilities within its scope relating to the regulation of the penalty referred to in section L. 335-3. As such, it is subject to the financial regulations relating to the deviation of the certification scope officer. The quality of the certification perimeter is achieved by signing a dedicated contract with the manager of the public electricity transmission network. Any capacity is attached to a certification perimeter by a contract between the operator and the certification perimeter.
10° The "rebalancing of a supplier" is the modification by the manager of the public electricity transmission network, before the deadline for the collection of capacity guarantees, of a supplier's obligation, along with a financial regulation.
11° The "financial regulation for the rebalancing of a supplier" is the financial transaction between the supplier and the transport network manager for a rebalancing period for a given year of delivery.
12° "Rebalancing a capacity operator" means an amendment to the level of certification of a capacity; it results in the signing of a new certification contract replacing and canceling the contract in force.
13° The "effective capacity level" reflects, for a given year of delivery, the actual contribution of capacity to reducing the risk of failure for a given year of delivery.
14° The "financial regulation for the variance of a certification perimeter officer" means the financial transaction carried out by that person when the total actual capacity level within his or her perimeter differs from the total certified capacity level or when a rebalancing of one of the capacity operators intervened within his or her perimeter.
15° The "certified capacity register" is a register maintained by the Public Electricity Transport Network Manager, with a public character, that identifies certified capabilities and their characteristics.
Any capacity in this register for a future, present or expired year of delivery is an existing capacity.
A project capacity, whose operation is planned and not included in the registry for any year of delivery, is a new capacity.
16° The "capacity guarantees register" is a register maintained by the manager of the public electricity transport network, in a confidential manner, securely accounting for all operations for the issuance, transaction and destruction of capacity guarantees. It includes an account for each person holding capacity guarantees. The ownership of a capacity guarantee is the result of the registration by the manager of the public electricity transmission network to the owner's account.
17° The "capacity mechanism rules" include:
(a) The provisions determining the years of delivery and peak periods PP1 and PP2;
(b) All provisions relating to the obligation of capacity, including the method of calculating the reference power and the determination of supplier obligations, the unitary power of the capacity guarantee and the recovery of capacity guarantees;
(c) All provisions relating to capacity certification, including certification methods and certified capacity control conditions, the adaptation modalities provided for in Article L. 321-16 for the certification of capacities whose participation in procurement security is reduced, the rebalancing of capacity operators and the financial regulation for this rebalancing.
The rules of the capacity mechanism referred to in section R. 335-1 are approved by the Minister for Energy, on the proposal of the Public Electricity Network Manager, after the opinion of the Energy Control Board. They are transparent and non-discriminatory.
The supplier capacity requirement is established, for each year of delivery, by the manager of the electricity transmission network from the reference power of the customers of each supplier, that it calculates using a method to satisfy the security objective of electricity supply referred to in section L. 335-2.
The interconnections of the French electricity market with other European markets are taken into account in determining the capacity requirement. Their effect is integrated into the determination of the safety coefficient taking into account the risk of failure.
For each year of delivery, the reference power is calculated from the recorded consumption of each consumer and the managers of public electricity transmission and distribution networks for their losses.
For this calculation:
1° The recorded consumption of each consumer and managers of public electricity transmission and distribution networks for their losses is corrected to take into account the sensitivity of their consumption at the temperature;
2° The recorded consumption of a customer who contributed to the creation of a certified erase capacity is corrected by the power erased in accordance with the capacity mechanism rules.
In order to allow the manager of the public electricity transmission network to determine the reference powers, the managers of the public electricity distribution networks transmit:
1° The reference power of end-users connected to their networks by supplier;
2° Their reference power for their losses by supplier.
The reference power transmitted by managers of public electricity distribution networks to the manager of the public electricity transmission network takes into account the corrections referred to in section R.335-4. The data and parameters used to make these corrections are transmitted by the managers of public electricity distribution networks to the manager of the public electricity transmission network at the same time as the reference powers to which they apply.
Agreements between the manager of the public electricity transmission network and the managers of the public electricity distribution networks, approved by the Energy Control Board within two months of the filing of the full application for approval, determine the terms and time limits for transmission of this data.
For subcategories of small consumers and large consumers within the meaning of Chapter VI of this title, the consumption calculation method found is approved, on the proposal of the manager of the public electricity transport network, by the Energy Control Board.
For the subcategory of buyers for losses, within the meaning of Chapter VI of this title, the recorded consumption is calculated, according to the terms defined by the Energy Regulatory Commission, from the energy volume sold by the supplier to the managers of public electricity transport and distribution networks for their losses in the context of specific contracts opening the right to access regulated to historical nuclear electricity (ARENH), referred to in Article 30
The costs incurred by managers of public transportation or electricity distribution networks for the calculation and transmission of data related to the reference power are borne by suppliers. Their recovery modalities and their level are approved by the Energy Control Board.
A specific account called "Fund for the regulation of supplier rebalancing" is opened by the manager of the electricity transmission network in his writings. This account retraces and centralizes financial flows between suppliers and the manager of the public electricity transmission network related to the financial regulations referred to in R. 335-10.
The manager of the public electricity transmission network ensures the administrative, accounting and financial management of this account according to the rules of private accounting. In particular, it is responsible for the billing and payment of the financial regulations relating to the rebalancing of vendors' capacity and the identification of possible defaults.
For each year of delivery:
1° The deadline for the assignment of capacity guarantees, beyond which the assignment of capacity guarantees is no longer possible;
2° The deadline for the collection of capacity guarantees to which each supplier must have the amount of capacity guarantees corresponding to its obligation; it shall be fixed no later than two months after the expiration date.
At least 15 days before the deadline for the disposal of capacity guarantees, the manager of the public electricity transmission network shall notify each supplier of the amount of its capacity requirement. Immediately after the expiry date of the capacity guarantees, the manager of the public electricity transmission network calculates, for each supplier, the imbalance between the amount of the supplier's capacity requirement and the amount of capacity guarantees on the supplier's account in the capacity guarantees registry provided for in R. 335-35.
No later than fifteen days after the expiration date, it shall notify each supplier of its imbalance and the financial regulation corresponding to its capacity rebalancing. For each supplier, the rebalancing financial regulation is calculated from a unit price: it is positive when the supplier is liable and negative when the supplier is entitled to this regulation.
The financial regulation for supplier capacity rebalancing is proportional to the supplier's imbalance and a unit price dependent on the sign of imbalance.
The method for calculating the unitary price of the financial regulation for capacity rebalancing is approved by the Energy Control Board, on the proposal of the transport network manager.
It is determined in such a way that:
- to ensure in the medium term an economic incentive to satisfy the requirement of supplier capacity;
- induce suppliers to assess their capacity guarantees needs, with a view to fulfilling their capacity obligation, based on a good faith estimate of the reference power of their customers;
- limit the possibility of arbitration between the financial regulation relating to the deviation of the certification scope officer and the financial regulation relating to the rebalancing of suppliers.
However, where the security of supply is not significantly threatened in relation to the security of supply of electricity referred to in Article L. 335-2, the method of calculating the unit price of the financial regulation of the rebalancing of suppliers is adapted according to the sum of the deviations of the certification perimeters and the difference between the sum of the bond amounts of capacity of all suppliers and the total amount of the guarantees
The rebalancing of suppliers takes place before the deadline for the collection of capacity guarantees. Suppliers whose financial regulation is of positive sign pay to the fund for the regulation of rebalancing in capacity of suppliers the corresponding amounts calculated by the manager of the public electricity transmission network as referred to in R. 335-10.
Suppliers whose financial regulation is a negative sign receive from the fund for the regulation of rebalancing in capacity of suppliers the corresponding amounts, calculated by the manager of the public electricity transmission network as referred to in R. 335-10. The sum of the amounts paid by the fund cannot exceed the sum of the amounts actually paid by suppliers whose financial regulations are positive for that year of delivery; where applicable, the amounts corresponding to the negative financial regulations shall be reduced in a proportionate manner so that the amounts are equal to the amount available on the account.
The contingent balance remaining on the fund for the regulation of rebalancing in capacity of suppliers, which is not the property of the public electricity transmission network manager, is fully redistributed to users of the public electricity transmission network in terms set by the Energy Control Board.
On the deadline for the collection of capacity guarantees, the manager of the public electricity transport network controls, for each supplier, that it fulfils its capacity obligation. For each supplier, it shall notify the Energy Control Board, for the purposes of the provisions of Article L. 335-7, of the difference between:
- on the one hand, the amount of its capacity obligation, deducting from the amount paid under the financial regulation relating to capacity rebalancing, divided by the price of the financial regulation relating to rebalancing in the capacity of that supplier;
- on the other hand, the amount of guarantees it actually holds on the deadline for recovery, based on the information contained in the register of capacity guarantees.
Every operator of a capacity, or a person mandated by him, shall submit, for each year of delivery, an application for certification of his capacity, before a specified deadline according to the technical characteristics of the capacity and, for a new capacity, the status of the project.
The certification application folder is presented to the transport network manager or to the distribution network manager according to the network to which the capacity is connected; It includes:
1° The firm commitment to sign the certification contract;
2° The year of delivery for which the capacity must be certified;
3° The identity of the person responsible for the scope of certification to which the capacity is attached;
4° The information necessary to assess the contribution of this capacity to reducing the risk of failure;
5° The activation and control of the capacity;
6° The anticipated availability of capacity during the peak period PP2.
The submission of the file is a firm undertaking of the operator to sign the certification contract referred to in R. 335-15.
When a public electricity distribution network manager receives the certification application file referred to in R. 335-13, he concludes with the operator a contract and transmits to the manager of the public electricity transport network the certification application file, accompanied by a copy of this contract and a certification contract proposal.
The contract between the capacity operator and the distribution network manager provides:
1° The modalities of capacity control;
2° The billing modalities, by the network manager to which the capacity is connected, of the fees exposed by the capacity for certification and control.
The conclusion of this contract is a prerequisite for the conclusion of the certification contract between the manager of the public electricity transport network and the operator.
The capacity certification contract is signed by the Public Electricity Transport Network Manager and by the capacity operator. The fully signed contract is referred to the transport network manager and, where applicable, to the distribution network manager.
The capacity certification contract is based on the elements transmitted in the certification application folder, according to the certification methods specified in the capacity mechanism rules and according to the technical characteristics of each capacity.
The certification contract includes:
1° The conditions under which the operator undertakes to effectively maintain its capacity;
2° The modalities under which capacity control is performed;
3° The level of capacity certified for this capacity and the conditions and deadlines for the issuance of capacity guarantees;
4° Where applicable, in particular in the case of new capabilities, the amount of the guarantee deposit to be paid by the operator;
5° An attestation of the signature, on the one hand, of the contract between the certification scope officer to whom this capacity is attached and the manager of the public electricity transmission network, on the other hand, of the contract between the same certification scope officer and the capacity operator;
6° The terms and conditions for the payment of the penalty referred to in section L. 335-3, paid by the certification scope officer on behalf of the operator;
7° The rebalancing procedures;
8° The billing modalities, by the network manager to which the capacity is connected, of the fees exposed by the capacity for certification and control;
9° Cases of force majeure that may suspend the operator's obligations.
Public electricity distribution network managers are responsible for controlling the capacity connected to their networks. They inform the manager of the public electricity transmission network of the result of this control.
For the exercise of these missions, managers of public electricity distribution networks may group or designate a third party, independent of suppliers and capacity operators, mandated by them.
Agreements between managers of public electricity distribution networks and the manager of the public electricity transmission network, approved by the Energy Control Board within two months of the filing of the full application for approval, specify the terms and time limits for the transmission of the elements referred to in sections R. 335-14 and R. 335-15 and the information referred to in R.335-17.
The level and modalities of the recovery of costs incurred by managers of public transportation or electricity distribution networks for the certification and control of capacity are approved, on the proposal of the transport network manager, by the Energy Control Board.
Methods for certification and control of capacity that contribute to supply security are reduced are proportionately adjusted to ensure that costs incurred by managers of electricity transmission or distribution networks remain significantly lower than the economic value of their contribution to supply security. The technical characteristics of these capacities are defined in the capacity mechanism rules.
The request for certification of these capacities is only admissible in a grouped manner, by transmitting a single certification application file for several of them, in accordance with the terms defined in the capacity mechanism rules.
The operator of a certified capacity, or the person mandated by the operator, shall inform the manager of the public electricity transmission or distribution network to which the capacity of the operator is connected with any evolution or accuracy relating to the characteristics of the capacity and the conditions of its operation likely to have an impact on the anticipated availability of the power during the peak PP2 period. Public electricity distribution network managers share this information with the manager of the public electricity transmission network.
If the operator of an existing capacity, not yet certified for a given year of delivery, provides that it will close by then, it shall forward to the manager of the public transportation or electricity distribution network to which its capacity is connected, prior to the application deadline for certification, a notice of capacity closure is connected. This notice mentions the expected date of closure of the capacity and whether the closure is final or not. Public electricity distribution network managers transmit to the manager of the public electricity transmission network the notices they receive and the information on the actual closure conditions found.
The manager of the public electricity transmission network transmits to the Energy Control Board the notice of capacity closure.
If the manager of the public electricity transmission network finds that the operator has not closed the capacity in accordance with the notice of closure, the operator shall inform the Energy Control Board. A capacity that did not result in effective closure cannot result in the issuance of a capacity guarantee for the year of delivery.
When the operator of a capacity that exists but has not yet been certified for a given year of delivery has not applied for certification on the deadline set out in section R. 335-9, nor sent the notice of closure of capacity referred to in section R.335-22, the manager of the public grid for the carriage or distribution of electricity to which the capacity is connected, invites the operator to make a request for certification within ten days If, at the end of this period, no request has been received by the manager of the public transportation or distribution network concerned, the manager shall inform the Commission on Energy Regulation.
Past agreements between the managers of the public electricity distribution network, the manager of the public electricity transmission network and the operators of capacity specify the terms and times of transmission of information by the operators as well as the organization of information flows between the managers of public electricity distribution networks, the manager of the public electricity transmission network and the Energy Control Board mentioned in sections R.335-21 to R.335-23. These conventions are approved within two months by the Energy Regulatory Commission, on the proposal of the Public Electricity Network Manager.
When the operator of a certified capacity anticipates, prior to the expiry date of the capacity guarantees referred to in section R. 335-9, that its actual capacity level will be lower or higher than the certified capacity level, the certification scope officer under the control of the operator may apply for rebalancing.
The request for rebalancing results in the transmission by the Certification Perimeter Manager, in accordance with the terms set out in section R. 335-13, of a new certification application file and the agreement of the operator of the capacity concerned.
This request for rebalancing is made under conditions set out in the capacity mechanism rules. These conditions include periods during which rebalancing requests are admissible and the number of rebalancing requests available.
The Public Electricity Transport Network Manager shall notify the Certification Perimeter Manager of the rebalancing volume for the capacity concerned, which corresponds to the difference between the originally certified capacity level and the new capacity level. Rebalancing can be done up or down.
Following the notification referred to in section R. 335-26, in the case of a downward rebalancing, the certification scope officer shall return to the transport network manager, within a time limit provided for in the capacity mechanism rules and in the manner provided for in section R. 335-37, the capacity guarantees corresponding to the volume of rebalancing retained.
If the amount of capacity guarantees is effectively returned within the specified time limit, the manager of the public electricity transmission network shall forward to the capacity operator the new certification contract which cancels and replaces the previous one. The capacity operator signs the contract; when the capacity is connected to the public electricity distribution network, the manager of the public electricity transmission network transmits a copy of the certification contract to the public electricity distribution network manager.
If the guarantees are not returned or are beyond the time limit, the request for rebalancing is deemed null and void. No rebalancing of the capacity operator can occur.
Following the notification referred to in R. 335-26, in the case of an upward rebalancing, the manager of the public electricity transmission network shall forward to the operator of capacity, for signature, the new certification contract, which cancels and replaces the previous one. When the capacity is connected to the public electricity distribution network, the manager of the public electricity transmission network transmits a copy of the certification contract to the public electricity distribution network manager. Capacity guarantees for the volume of rebalancing are issued to the capacity operator.
An account called "Fund for the regulation of the deviations of certification perimeter officials" is opened by the manager of the public electricity transmission network in his writings. This account retraces and centralizes the financial flows between certification perimeter managers and the manager of the public electricity transmission network related to the financial regulations referred to in R. 335-31.
The manager of the public electricity transmission network ensures the administrative, accounting and financial management of this account according to the rules of private accounting. In particular, it is responsible for the billing and payment of the financial regulations relating to the financial regulations of the certification perimeter officials and for the recognition of any defaults.
For each year of delivery and for each certified capacity, the manager of the public electricity transmission network calculates, after the peak period PP2, the actual capacity level, in accordance with the capacity mechanism rules.
It deducts, for each certification perimeter, the deviation of the certification perimeter. This variance is the difference between the cumulative actual capacity level of the certified perimeter and the cumulative certified capacity level of the certified perimeter within its scope, as appropriate, taking into account post-balancing certification contracts.
The Public Electricity Transport Network Manager notifies each certification perimeter manager:
1° His gap;
2° Where applicable, rebalancing volumes for certain capacities of the certification scope;
3° Financial regulations.
The financial regulation is positive if the certification perimeter is liable for its amount. Such a regulation is required, pursuant to the provisions of Article L. 335-3, where the actual capacity level is below the certified capacity level.
A negative financial regulation resulting in a payment to the Certification Perimeter Manager may also intervene when the actual capacity level of the Certification Perimeter Manager is higher than the certified capacity level. Its effective implementation is subject to the availability of the necessary funds on the Fund for the Settlement of Variances of Certification Perimeter Officers, under the conditions set out in section R. 335-33.
The method for calculating the financial regulations for the variance of the certification scope officer is determined to:
1° Ensure in the medium term an economic incentive to satisfy the commitment of operators;
2° Encourage operators of capacity to transmit, in applications for certification and rebalancing, sincere information, in particular regarding the anticipated availability of their capacity;
3° Limit arbitration opportunities between the financial regulations relating to the variance of the certification scope officer and the financial regulations relating to supplier rebalancing.
The financial regulations are based on the deviation of the certification perimeter and, in the case of rebalancing, the algebraic sum of the rebalancing volumes carried out and, in the case of several successive rebalancings, the number and meaning of these successive rebalancings. For the same variance, the use of rebalancing increases the algebraic value of the financial regulations in relation to a situation without rebalancing.
However, where the security of supply is not significantly threatened with the objective referred to in Article L. 335-2, the method of calculating the financial regulation relating to the deviation of the certification perimeter is adapted according to the sum of the deviations of the certification perimeters and the difference between the sum of the bond amounts of the supplier capacity and the overall amount of capacity guarantees that they hold to the extent of the bonds
Certification perimeter officials whose financial regulation is a positive sign pay the amount of this regulation on the fund for the settlement of variances of certification perimeter officials. In the event of a failure to pay a certification perimeter manager, the manager of the public electricity transport network shall maintain the interest in regulating the situation within five working days.
Certification perimeter officials whose financial regulation is a negative sign receive from the fund for the settlement of the deviations of the certification perimeters the amount of the regulation. The sum of these regulations is equal to, for a given year of delivery, the sum of payments made under positive financial regulations. If applicable, negative financial regulations are reduced proportionally to a level consistent with that amount.
The balance remaining on the Fund for the regulation of the deviations of the certification perimeter managers, which is not the property of the manager of the public electricity transmission network, is fully redistributed to users of the public electricity transmission network in terms set by the Energy Control Board.
I. - For each year of delivery, the Register of Certified Capabilities mentions, inter alia, for each certified capacity:
1° The certification date;
2° The level of certified capacity;
3° Technical characteristics of capacity;
4° Its anticipated availability during the peak period PP2;
5° The certification scope manager attached to this capacity.
II. - The register is updated as soon as possible, including:
1° For each transmission of information, provided for in section R. 335-13 relating to the anticipated availability of a certified capacity or its possible closure;
2° In the event of a request for rebalancing under Article R.335-25;
3° When a capacity changes the scope of certification.
The terms and conditions for the management of the certified capacity register are approved by the Energy Control Board on the proposal of the Public Electricity Transport Network Manager.
Any person wishing to open an account in the Capacity Guarantee Register shall notify the manager of the public electricity transmission network.
As part of its obligation under section L. 335-2, each supplier must be an account holder.
Each licensee of a certification contract must be a licensee of an account for the certification of its capabilities.
The Public Electricity Network Manager sends each year to the Minister responsible for Energy the list of account holders. The manager of the public electricity transmission network has a specific account, for issuing or returning guarantees.
The issuance of a capacity guarantee is the result of the registration by the manager of the public electricity transmission network on his account. Each issued capacity warranty is numbered.
The issuance of a capacity guarantee is the result of the transfer by the manager of the public electricity transmission network of a capacity guarantee from the account manager of the public electricity transmission network to the beneficiary's account.
The assignment of a capacity guarantee consists in the transfer, carried out by the manager of the public electricity transmission network, of a capacity guarantee from the holder's account to the purchaser's account.
To proceed with an assignment of capacity security, the purchaser and the holder jointly, or a person mandated by them, or the same holder of both accounts shall submit a joint application to the manager of the public electricity transmission network.
As part of the rebalancing referred to in R. 335-27, the certification scope manager may return capacity guarantees for the volume of rebalancing retained. To this end, the person responsible, or a person mandated by him, submits a request for the return of guarantees to the manager of the public electricity transmission network, who then transfers the guarantees to be returned to the account of the manager of the public electricity transmission network. This operation has the effect of permanently blocking the guarantees.
Apart from rebalancing, no holder of capacity guarantees may ask to return these guarantees.
The register of capacity guarantees, for a year of delivery, is closed to the deadline for the assignment of capacity guarantees, referred to in R. 335-9.
The Energy Control Board has access to the capacity guarantees register. The terms and conditions for the management of the register of capacity guarantees, including the elements to be contained in the declaration referred to in section R. 335-35, are approved, on the proposal of the manager of the public electricity transmission network, by the Energy Control Board.
Any person who makes the assignment of a capacity guarantee or a derivative product or makes a public offer to purchase or sell capacity guarantees or a derivative product shall inform the Energy Control Board, directly or by a third party, of the characteristics of the assignment or offer, including its price.
The modalities of this information collection are defined by the Energy Control Board, after consultation with the Public Electricity Transport Network Manager. At least once a year, the Energy Regulatory Commission publishes, by any appropriate means, statistical data on all transactions and public offers for the transaction of capacity and derivative guarantees and reporting on exchanged or offered volumes and their prices.
During the four-year period preceding each delivery year, and at least once a year for each delivery year, the Public Electricity Network Manager publishes forecasts for the overall level of capacity guarantees to meet the capacity requirement of all suppliers. The format of these forecasts and the publication schedule are approved, on the proposal of the manager of the public electricity transmission network, by the Energy Control Board.
The manager of the public electricity transmission network creates a register, informed by suppliers and consumers, of measures to control consumption during peak periods. The registry information required for the proper functioning of the market is made public and updated as soon as possible according to their evolution.
The nature of this information and the terms and conditions for the management of this register are approved by the Energy Regulatory Commission, on the proposal of the Public Electricity Transport Network Manager.
By no later than one year after the publication of the capacity mechanism rules, then at least once a year thereafter, the Energy Control Board shall transmit to the Minister responsible for Energy a report on the operation of the capacity guarantees market.
The Minister for Energy may, taking into account the proposals of this report, decide on the launch of a call for tenders for the establishment of an exchange platform.
This exchange platform centralizes the purchase and sale of capacity guarantees and offers services facilitating transactions. The cost coverage for the establishment and operation of this exchange platform is partly provided by its users and partly by all suppliers, prorated to the amount of their capacity obligations.
The Energy Control Board sets out the terms of reference for this tender. It consults with the manager of the public electricity transmission network for information on the management of the capacity guarantees register.
The Minister responsible for energy may also decide, on the proposal of the Energy Control Board, to impose that all or part of the purchase or sale offers and transfers of capacity guarantees are carried out through an exchange platform.
A year after the publication of the rules relating to the capacity mechanism, and then annually, the Energy Control Board shall provide the Minister responsible for energy with a report, based on the work of the transport network manager, on the integration of the capacity mechanism in the European market. This report includes information on the evolution in neighbouring countries of the regulation relating to the contribution of actors to the security of electricity supply. It analyses the interaction between the French capacity mechanism and the devices in these countries. It proposes, where appropriate, improvements in the operation of the capacity mechanism.
In accordance with section R. 336-3, the product transferred as part of the regulated access to historical nuclear power (the ARENH) includes the capacity guarantee. For each year of delivery, the Energy Control Board calculates and notifies each supplier who has requested to benefit from the ARENH the amount of capacity guarantees granted by EDF in this framework. The Energy Control Board shall notify EDF company of the total amount of capacity guarantees thus transferred to suppliers.
The method of calculating the amount of this capacity guarantee, the conditions and the calendar of assignment are defined by order of the Minister responsible for energy on the proposal of the Energy Control Board in order to allow suppliers and this company to have sufficient visibility on the amount of the assigned capacity guarantees.
A local distribution undertaking referred to in Article L. 111-54 to transfer its capacity obligation to another local distribution undertaking, as provided for in Article L. 335-5, enters into a contract with the local distribution undertaking. The designated local distribution undertaking then fulfils the capacity requirement for its own customers and customers of this local distribution undertaking. It shall notify the manager of the public electricity transmission network of the transfer of bond.
The contracts for the supply of electricity at the disposal rate referred to in section L. 337-10, to which the local distribution undertakings referred to in section L. 111-54 are deemed to include the assignment of an amount of capacity guarantees. The Energy Regulation Commission shall transmit to the Ministers responsible for the economy and energy its motivated proposals concerning the conditions, including prices and amounts, in which capacity guarantees are taken into account in the disposal tariffs. The decision shall be deemed to have been acquired in the absence of opposition from one of the Ministers within three months of receiving these proposals.
A specific account called "Security Device Fund" is opened by the manager of the public electricity transmission network in his writings. This account is intended to trace and centralize financial flows between suppliers and capacity-holders related to the financial regulation of compensation referred to in R. 335-51.
The manager of the public electricity transmission network ensures the administrative, accounting and financial management of this account according to the rules of private accounting. In particular, it is responsible for the billing and payment of compensation and the finding of possible defaults.
In order to support the start-up of the capacity mechanism, calls for security offers can be launched, during the first six years of delivery, if an exceptional risk of imbalance between supply and demand is anticipated, with a view to achieving the new production capabilities required.
Six months before the beginning of each delivery year, the Public Electricity Transport Network Manager submits to the Minister responsible for Energy a report on the risk of capacity deficit for the three years of delivery that follow the delivery year to veniR. This report, which is based in particular on the Register of Certified Capacity, on the forecasts of the overall need for capacity guarantees referred to in Article R. 335-41 and on the register of measures to control consumption during peak periods referred to in Article R. 335-42, describes several scenarios for the evolution of supply and demand for electricity and possible additional capacity guarantees that these scenarios may involve.
The terms and conditions of the call for security offers and operations set out in sections R. 335-49 to 53 are fixed and published by the Energy Control Board, no later than one year after the publication of the rules of the capacity mechanism. These terms include the price cap rule for new capacity offers, which must be less than a specified maximum price with reference to the cost of building a new capacity, estimated as an expert, to reduce the risk of failure. The determination of this price, which may depend on the market price of the guarantees of capacity as well as the price of the offers, must aim to avoid any effect of aubaine linked to the launch of the tenders.
When the analysis identifies an exceptional risk of an imbalance between supply and demand over one or more of the three years of delivery studied, the Minister responsible for Energy may decide to launch a call for tenders of new capabilities for these years of delivery.
An exceptional risk situation of imbalance is characterized by the identification, according to the different scenarios mentioned in article R. 335-48, of a particularly acute risk of failure in relation to the forecast balances provided for in article L. 141-8.
The Minister for Energy, if he decides to make a call for tenders, shall, within two months of receiving the report of the manager of the public electricity transport network, determine the amount of capacity guarantees to be taken into account in the call for tenders to stop the exceptional risk situation identified. It can reserve the coverage of a portion of the need for possible calls for future security offers for the same year of delivery, so as not to introduce distortion in favour of special nature capabilities and to minimize the cost of such security; In particular, it takes into account the potential for erasing capacity development.
Each applicant for the call for security offers gives an offer to the Energy Control Board. Any offer includes a capacity certification application file for the year of delivery and a offer price, expressed per capacity guarantee unit, below a ceiling price.
The Energy Control Board shall forward the certification application file to the manager of the public electricity transmission network or to the manager of the public electricity distribution network, under the conditions set out in R. 335-13.
For each offer, the power transmission network manager shall indicate to the Energy Control Board the amount of capacity guarantees that will be included in the certification contract if it is retained. On the basis of this information, the Energy Control Board selects offers in order of increasing offer prices, within the limits of the level of capacity guarantees defined for the call for security offers. It shall notify each operator who has filed an offer if it has been selected or not.
Only applications for certification of selected operators are deemed effective. Applications for certification of unsuccessful operators are deemed null and void.
For a given call for tenders, after the operations provided for in Article R. 335-30 to R. 335-33 for the relevant delivery year, the Energy Control Board shall notify each selected operator of its compensation. Compensation means the amount in euros, positive if it is due to the operator, of a negative sign if it is due by the operator.
The compensation is equal to the difference between the offer price referred to in R.335-50 and the capacity reference price for the given delivery year multiplied by the amount of capacity guarantees assigned to the operator.
After a public consultation with the actors of the capacity mechanism and according to the prices observed in the market of capacity guarantees, the Energy Control Board defines and publishes the methods for calculating the reference price for each year of delivery. It notifies the compensations of each selected operator to the Manager of the Security Device Fund.
As a result of the notification provided for in Article R. 335-51, operators whose compensation is of a negative sign pay the corresponding amounts on the security device fund. In the event of an operator's failure to pay, the manager of the Public Electricity Transport Network maintains that the operator will regulate its situation within five working days. The same fund then pays to the operators whose compensation is positive for the corresponding amount.
If the sum of the amounts actually paid on the security device fund is less than the sum of the positive sign compensations, the difference is recovered by a supplementary payment from each supplier on that fund prorated to their respective capacity obligations. In the event that a supplier fails to pay, the manager of the public electricity transport network continues to regulate his situation within five working days.
Upon completion of these transactions, the fund balance, if positive, is redistributed to suppliers on the basis of their respective capacity obligations.
At the latest six months before the start of the sixth year of delivery, the manager of the public electricity transmission network will provide the Minister responsible for energy with an analysis of the effectiveness of the security device.
The competent authority to impose the penalty under the second paragraph of section L. 335-7 is the Minister for Energy.
As part of the regulated access to historical nuclear power (ARENH) provided for in Article L. 336-1, electricity is transferred by EDF to authorized electricity suppliers in the form of products delivered per one-year period, characterized by a quantity and a profile.
Delivery periods begin on 1 January and 1 July. The quantity of a product, expressed in megawatts, is the average power of electricity delivered during the delivery period of this product.
The product profile is the half hour per half hour of the power delivered during the delivery period.
An order made by the Minister responsible for energy after the opinion of the Energy Control Board determines the profile for each delivery period.
The ceded product includes the production capacity guarantee within the meaning of Article L.335-2.
As of January 1, 2016, all consumers are only one category.
The sub-category of small consumers includes end-users connected in low-voltage on the continental metropolitan territory and sub-category with a power of less than or equal to 36 kilovoltampers, whose mode of determination of the consumption load curve is specified by an order of the Minister responsible for energy taken on the proposal of the Energy Control Board.
The subcategory of large consumers includes end-users located on the continental metropolitan territory that do not fall within the subcategory of small consumers.
The subcategory of buyers for losses includes managers of public electricity transportation and distribution networks located on the continental metropolitan territory for electricity purchased for loss compensation.
From the delivery period beginning on January 1, 2016, the product profiles to which the previously in force consumer categories were entitled and determined by the order in section R. 336-4 converge to achieve a single profile.
The ceiling of ARENH is the maximum global volume of historic nuclear electricity that can be transferred to small and large consumers per delivery period, determined by decree of ministers responsible for the economy and energy pursuant to the fourth paragraph of Article L.336-2, divided by the number of hours of the delivery period under consideration.
The Energy Control Board calculates, in accordance with the terms set out in section R. 336-13, the quantity of product assigned to each supplier during each delivery period. Intermediate calculations involve each supplier the following:
1° The amount of theoretical product that a supplier can request, calculated according to its predictive consumption;
2° The amount of product requested, less than or equal to the amount of theoretical product;
3° The maximum quantity of product before taking into account the ceiling, equal to the quantity of product requested subject to compliance with conditions taking into account the evolution of the maximum quantities during previous delivery periods.
The assigned amount of product is the maximum quantity of product unless the ceiling referred to in R. 336-6-1 is exceeded. In this case she is lower.
An electricity provider, who is licensed under section L.333-1, wishes to benefit from regular access to historic nuclear power (the ARENH) to supply end-users or public grid managers for the carriage or distribution of electricity for their losses, located on the continental metropolitan territory, sends a statement to the Energy Control Board with a copy to the Minister responsible for energy.
The supplier specifies to the Energy Control Board the balance manager with which he has entered into a contract under section L. 321-15 and the method that this balance manager is implementing to identify the consumption of his final customers when they are not identical to the end consumers whose purpose the balancer handles the deviations between injections and withdrawals, as well as the certification of the independent certifying body.
Pursuant to Article L. 336-6, local distribution companies shall transmit to the Energy Control Board, where applicable, the specific modalities for the consolidation and management of their rights to the ARENH. These details are addressed to the Public Transport Network Manager by the Energy Control Board.
The Energy Control Board shall issue to the supplier within thirty days a receipt if the return file is complete or requests it to complete it. If the Energy Control Board fails to respond within this period, the receipt is deemed to be given.
Within a period of fifteen days from the application made to it by a supplier holding a receipt, EDF signs with it the framework agreement provided for in Article L. 336-5. The supplier shall send a copy of the framework agreement upon signature to the Energy Control Board.
Any supplier that has signed a framework agreement with EDF shall forward to the Energy Control Board at least forty-five days before the beginning of each delivery period defined in section R. 336-1, an ARENH application file.
The transmission of an ARENH application file to the Energy Control Board is a firm commitment on the part of the supplier to purchase the total quantities of product to be disposed of during the forthcoming delivery period calculated in accordance with section R. 336-13 on the basis of its application and notified in accordance with section R. 336-19 by the Energy Control Board. A new commitment may be substituted for the first in the event that the Energy Control Board has taken into account a new ARENH application for the one-year delivery period beginning six months later.
ARENH's application file includes:
1° The firm commitment of the supplier referred to in R. 336-10;
2° The data required by the Energy Control Board to estimate consumption, half an hour per half hour, for each consumer subcategory that the supplier provides or plans to provide during the next delivery period.
The list of parts of this folder as well as their supports and transmission modes are defined by the Energy Control Board.
Only applications with a complete record prior to the deadline mentioned in section R. 336-9 are considered.
A supplier may request a partial benefit from the ARENH. It then specifies the desired deduction rule to allow the Energy Control Board to calculate the quantities of product to be disposed of and the additional price set out in R. 336-33. If the deduction rule is not sufficiently explicit, it is not taken into account for the calculation of rights, which the Energy Control Board informs the supplier.
The Energy Control Board shall issue to the supplier, within two months and at the request of the supplier, a certificate of what the assigned amount of product has been reduced by applying the rule that it has specified in its application file and the quantities of electricity corresponding to this reduction.
The Energy Control Board shall calculate in accordance with the provisions of sections R. 336-14 to R. 336-17 on the basis of the elements transmitted by the supplier in the ARENH application file, the quantities of product transferred to the supplier during the forthcoming delivery period.
The amount of theoretical product is determined for each of the consumer subcategories based on forecast consumption during low power consumption hours on the continental metropolitan territory, according to the terms defined by decree of the Minister responsible for energy, after the opinion of the Energy Control Board.
Forecast consumption of buyers for losses is the product for which the supplier has entered into a contract with a public electricity network manager referred to in R. 336- 30.
The amount of product requested by a supplier for each of the categories of consumers is equal, subject to the application of the desired deduction rule in the event that the supplier requests only partial benefit from the ARENH, to the sum of the amount of theoretical product calculated in accordance with section R. 336-14 for each consumer subcategory.
The maximum product quantity, before taking into account the ceiling, is equal for each supplier and each consumer subcategory to the amount of product requested. However, it remains equal to the maximum quantity for the current delivery period in each of the following cases:
1° The quantity of product requested is greater than the maximum quantity for the current delivery period, even less than the maximum quantity of product for the delivery period that had started before the current period;
2° The quantity of product requested is less than the maximum quantity for the current delivery period, even greater than the maximum quantity of product for the delivery period that had started before the current period.
The maximum product quantity for buyers for losses is the theoretical amount for this consumer subcategory referred to in Article R. 336-14 taken within the limit of the maximum product quantity calculated under Article R. 336-16 for the class including it.
From the delivery period beginning January 1, 2016, the maximum product quantity for small and large consumers is the difference between the maximum total quantity and the maximum quantity for buyers for losses. The distribution between these two sub-categories is prorated in the amount of theoretical product for them referred to in R. 336-14, calculated for each of them on the basis of its predictive consumption.
The Energy Control Board calculates the total amount of maximum product for small and large consumers.
If this amount is less than or equal to the ceiling, the amount of product assigned to each supplier, for each consumer subcategories, is equal to the maximum product quantity.
If this amount exceeds the ceiling, the quantities of product sold to a supplier for each consumer category are recalculated so that the sum of the quantities of product sold for these sub-categories to all reduced suppliers of the sum of the maximum quantities of product for losses to all suppliers is equal to the ceiling.
The method of distribution of the ceiling referred to in Article R. 336-6-1 between the quantities of product sold for each of the first two consumer subcategories and each supplier is defined by the Energy Control Board in accordance with the provisions of the second paragraph of Article L. 336-3. If not, the distribution is made prorated in the quantities of maximum products not taking into account the maximum quantity of product for buyers for losses.
At least 30 days before the beginning of each delivery period, the Energy Control Board simultaneously notifies:
1° To each supplier, on the basis of the elements transmitted in the application file referred to in Article R. 336-9 and in accordance with the methods referred to in Article R. 336-13, the quantities and profiles of the products that EDF gives it over the forthcoming delivery period, the quantities being those defined in Article R. 336-18;
2° To the manager of the public transportation network and EDF company the amount of electricity that this company must inject every half hour of the forthcoming delivery period under the ARENH;
3° To the public transportation network manager, the amount of electricity received, each half-hour of the upcoming delivery period, each balance manager of ARENH's recipient suppliers.
The manager of the public transport network shall transfer the electricity transferred by EDF as part of the ARENH, from the balance perimeter of the EDF company's equilibrium manager to the balance perimeters of the balance managers designated by the ARENH providers, according to the notifications of the Energy Control Board. The transfer is carried out in a manner that does not allow EDF to know the quantities transferred to each balance officer.
On the day of the notification referred to in R. 336-19, the Energy Control Board makes public by any appropriate means the total amount of product sold under the ARENH to all suppliers for the forthcoming delivery period.
The Caisse des dépôts et consignations opens a specific account in its books, under the name " Fonds ARENH", in order to trace and centralize the financial flows between EDF and suppliers related to the billing of energy transfers under the ARENH. The amounts paid to EDF under the ARENH, including those related to the call for guarantees in the event of non-payment by suppliers, are transferred through this account.
The Caisse des dépôts et consignations is responsible for the administrative, accounting and financial management of this fund. In this capacity, it is responsible, on the basis of instructions received from the Energy Control Board, for the invoicing and recovery of amounts due by suppliers, or for the application of guarantees in accordance with the terms of these, for the identification of possible defaults in payment of contributors and for the implementation, if any, of guarantees.
The models of guarantees are fixed by the framework agreement.
The amounts on the account will generate interest. Interests will be prioritized for payment of compensation and expenses incurred for the management of the fund referred to in the first paragraph. The potential balance will be transferred to EDF.
The Caisse des dépôts et consignations preserves the confidentiality of the information it collects in the course of these missions.
An agreement between the Caisse des dépôts et consignations and EDF company specifies the terms and conditions of intervention of the Caisse des dépôts et consignations on behalf of and on behalf of Electricity of France for the missions provided for in article R. 336-21.
An agreement between the Energy Regulatory Commission and the Caisse des dépôts et consignations specifies the procedures for the intervention, remuneration and reimbursement of the expenses of the Caisse des dépôts et consignations.
The Caisse des dépôts et consignations shall, each year, communicate to the Energy Regulatory Commission the forecast amount of its remuneration and the costs incurred in the management of the fund for the following year. After approval by the Energy Control Board, this amount is charged monthly by twelfth, during the year on which the forecast is carried, to each supplier proportionally to the amount of product sold.
The Caisse des dépôts et consignations shall, each year, set out to the Energy Control Board the amount recorded in the previous year of its remuneration and expenses incurred in the course of its management of the fund referred to in R. 336-21. The Energy Control Board validates this amount. If a discrepancy with the amounts actually collected under the previous year is found, regularization is made with suppliers, in a single time, according to the terms set by the Energy Control Board.
If the amount exceeds the amounts received from suppliers for the previous year, the Caisse des dépôts et consignations invoices the amount due to EDF and collects it on the account opened on behalf of this fund.
If the amount is less than the amounts received from suppliers for the previous year, the Deposits and Consignations Fund will impute the overpayment on the charges to be exposed the year following the following year.
The Caisse des dépôts et consignations shall keep the Minister of Energy and the Energy Control Board regularly informed of the delays and defaults in payment, as well as the difficulties encountered in carrying out the tasks entrusted to it under this chapter.
At least twenty days before the beginning of each delivery period, the Energy Control Board shall notify the Caisse of the deposits and consignations of the amounts due by each supplier for the purchase of electricity under the ARENH and for the share of the costs and remuneration referred to in section R. 336-23 supported by that supplier for the forthcoming delivery period.
In the event of a revision of the price of historic nuclear electricity during the delivery period, the Energy Control Board shall notify the Caisse of the deposits and consignations of the new amounts due by each supplier for the purchase of electricity under the ARENH, for this period of delivery, at least twenty working days before their implementation.
The amounts due by each supplier are paid by transfer to the account referred to in R. 336-21, by monthly payments, on the last business day of the delivery month. In case of default, the guarantees are called.
At the latest five working days after, the amount corresponding to the amounts actually paid by suppliers for the purchase of electricity is paid to Electricité de France by the Caisse des dépôts et consignations in one time. The amount is corrected to reflect the payment of the additional price referred to in R. 336-33, the amounts paid under the guarantees referred to in R. 336-21 and the reimbursement of the costs and remuneration referred to in R. 336-23.
In the event that a supplier fails to pay, the Caisse des dépôts et consignations informs the Energy Control Board within a three-day period and remains interested in regularizing its situation within four working days.
If, failing the supplier to have regularized its situation within the time limit referred to in R. 336-26, the supplier's warranty must be called, the Energy Control Board shall notify the manager of the public transportation network, the EDF company and the supplier concerned, of the termination of the transfer by the first to the second of the electricity under the ARENH. This cessation occurs on the thirteenth working day of the month following the finding of default. The Energy Control Board shall promptly inform the Caisse of deposits and consignations and the Minister responsible for energy.
The Caisse des dépôts et consignations implements, at the request of the Commission for the regulation of energy, the guarantee within 10 working days of this application and remits the amounts recovered to Electricité de France. In the absence of recovery, she informs the Energy Control Board that it will communicate to EDF company the information strictly necessary to allow the EDF company to search for the contentious recovery of unpaid amounts.
In the event of a second cessation of the transfer of electricity on the ground referred to above, the supplier concerned may no longer benefit from the sale of goods under the ARENH until one year after the date of such termination and provided that the default has been regularized.
Each year, no later than the end of April, the Public Transport Network Manager calculates and transmits to the Energy Control Board, for each supplier, the consumption observed half an hour per half hour for each consumer subcategory during the previous calendar year.
The consumer data for small and large consumers are derived from the counting systems of public transportation and electricity distribution networks managers.
In order to allow the manager of the public transportation network to carry out the tasks entrusted to him in this article and in R. 336-29, the managers of the public distribution networks shall transmit to him the recorded consumption of end-users connected to their networks, by balance manager, half-hour per half-hour, during each delivery period and by consumer subcategory, corrected in accordance with R. 336-29. Managers of public distribution networks also transmit to the manager of the public transportation network the data, by supplier, of consumption recorded for losses pursuant to section R. 336-30.
When the end-users whose balance manager supports the deviations between injections and withdrawals are not identical to the end-users of the supplier, the first transmits to the manager of the public transport network on the second the observed consumption of its customers, half-hour per half-hour during each delivery period and for each consumer subcategory, corrected in accordance with R. 336-29. The Balance Manager also transmits to the Public Transport Network Manager the recorded consumption data of the customers of the other suppliers in charge of the discrepancies between injections and withdrawals and who did not benefit from the ARENH during the delivery period. This data is transmitted by consumer subcategory without the indication of the suppliers concerned.
The methods used by the equilibrium controller for the calculation of the observed consumption are approved by the Energy Control Board within two months from the filing of the full application for approval. The use of these methods is certified by the independent agency of the supplier and the balance manager referred to in R. 336-8.
The data transmission modalities are specified by means of agreements between the manager of the public transportation network and the managers of the public electricity distribution networks and, where applicable, the balance manager. These conventions are approved by the Energy Control Board within two months of filing the full application for approval.
The methods of calculation and the methods of transmission of the recorded consumption implemented by the manager of the public transport network are defined by the Energy Control Board, upon its proposal.
When a consumption site receives energy in the form of a notice of exchange of block on-site and the energy supplied above the consumption of the site measured by the network manager, the consumption of the suppliers delivering this site is the subject of the following correction:
1° The volume of energy delivered by notification of exchange of block on-site and exceeding the measured consumption of the site is deducted from the recorded consumption of suppliers delivering the block on-site, prorated to the quantities of energy they delivered by notification of exchange of block on-site at the site;
2° This same volume is added to the recorded consumption of customers from the supplier of this site not delivering block on site.
The specific procedures for correction are set by the manager of the public electricity transmission network and are approved by the Energy Control Board within two months of the filing of the full application for approval. These modalities are published by the Public Transport Network Manager.
For losses, the recorded consumption is the volume sold by the supplier to public electricity network managers in the context of specific contracts eligible for the ARENH. The characteristics of these contracts, including their frequency and type of product sold, are fixed by the Energy Control Board after consultation with public electricity network managers. Volumes leading to the conclusion with public electricity network managers of contracts distinct from these specific contracts do not open to the supplier the benefit of ARENH for losses.
Electricity purchases carried out by a public electricity network manager for its losses under these specific contracts for a given year are such that the amount of theoretical product calculated on the basis of the power purchased under these contracts cannot exceed the annual quantity of product dedicated to the losses of this network manager.
The annual quantity of product dedicated to losses is fixed by the Energy Control Board, for each public electricity network manager. It is equal to the amount of theoretical product calculated on the basis of the predictive consumption of the Public Electricity Network Manager for its losses for the year to which it corresponds. The Public Electricity Network Manager transmits to the Energy Control Board the consumption forecast it takes into account for the calculation.
The Energy Control Board communicates to public electricity network managers their annual amount of product dedicated to losses.
The transmission modalities, by the public electricity network managers to the Energy Control Board, consumption forecasts and communication modalities, by the Energy Control Board to the public electricity network managers, annual amounts of product dedicated to losses are set by the Energy Control Board.
The Energy Control Board adjusts the recorded consumption transmitted by the manager of the public transport network to take into account the discount provided for in 2° of section L. 336-4.
The Energy Control Board may request the managers of public transport and distribution networks any additional information to explain the evolution of the consumption observed.
The Energy Control Board calculates the additional price, referred to in Article L. 336-5, due each calendar year by each supplier.
The Energy Control Board calculates, for the past calendar year and for each consumer category:
1° The amount "Qmax" equals the sum of the amount of theoretical product for all consumer subcategories calculated in accordance with the method referred to in section R. 336-14 on the basis of consumption observed by the manager of the public transport network;
2° The amount "Q" equals the average amount of product sold to the supplier under the ARENH during the two semesters of the year under review, weighted by the number of days of each semester.
If the ceiling exceeds, the quantities "Q" and "Qmax" are corrected according to the terms determined by decision of the Energy Control Board. These modalities encourage suppliers to communicate, in the historical nuclear power demand file, their best consumption forecast.
If a supplier partially benefits from the ARENH in accordance with its application, the quantities "Qmax" and "Q" are corrected by application of the deduction rule that it has clarified in the ARENH application file. These corrections cannot result in increasing the amount "Qmax" or decreasing the quantity "Q".
The Energy Control Board calculates for each consumer category:
1° The amount of excess product equals the positive part of the difference between the quantity "Q" and the quantity "Qmax";
2° The amount of excessive product equals the difference between the quantity "Q" and the quantity "Qmax", the latter being increased by a margin of tolerance equal to the highest of the following two values:
(a) 10% of the consumption recorded by the manager of the public transport network, divided by the number of hours of the delivery period;
(b) 5 MW.
It may be amended by order of the Minister responsible for energy on the proposal of the Energy Control Board. The Energy Control Board proposal is accompanied by an evaluation report.
The price supplement is made for each supplier:
1° Of a term "CP1" equal to the sum for each consumer category, the difference, if positive, between the valuation on the market, in the calendar year under review, of the amount of surplus product and the amount corresponding to the purchase of that quantity at the price of historical nuclear electricity;
2° Of a term "CP2" equals the difference, if it is positive, between, on the one hand, the value on the market, in the calendar year under consideration, of the amount of product equal to the sum for each consumer category, if it is positive, of the amount of excessive product and, on the other hand, the amount corresponding to the purchase of this quantity at the price of historical nuclear electricity.
The additional price takes into account the value of the capacity guarantee attached to the excess quantities of product and, if applicable, excessive in terms defined by the Energy Control Board at the entry into force of the device referred to in Article L. 335-2.
The calculation of the term "CP2" also takes into account cases of force majeure and cases of suspension of supply of electricity following the commencement of a judicial liquidation procedure.
The price supplement is updated at the current legal interest rate.
The rules applicable to the calculation of the price supplement, particularly with regard to the valuation on the market of excess and excessive quantities of products and the specific terms applicable in the event of the cessation of electricity transfers under section R.336-27, are defined by the Energy Control Board.
The Energy Control Board shall notify the price supplement and the details of the calculations for each of the consumer categories to each supplier and the Caisse des dépôts et consignations before June 30 of the year following the year for which the price supplement is calculated. The following month and in accordance with article R. 336-25, each supplier pays, by transfer to the account of the ARENH fund, the additional prizes to the Caisse des dépôts et consignations that then remits to Electricité de France the amounts as notified by the Energy Control Board within seven working days.
The total amount corresponding to the payment of the term "CP2" is deducted from the amounts charged to each supplier for its purchases under the ARENH during the forthcoming delivery period, commensurate with the amount of product sold to the supplier during the period for which the term was calculated. The Energy Control Board sets the amount of this deduction.
The Energy Control Board publishes, by any appropriate means and as soon as possible, statistical data calculated for all suppliers, reflecting the difference between the "Q" and "Qmax" quantities in respect of the consumption observed for each consumer category.
When the exceedance of the ceiling referred to in R. 336-6-1 occurs, the Energy Control Board shall, within three months, prepare a report analysing the causes and issues of this situation. Pursuant to the second paragraph of Article L.336-3, it shall, where appropriate, transmit to ministers responsible for the economy and energy a motivated proposal of evolution:
1° From the method referred to in Article R. 336-18 of the distribution of quantities of ceded products in case of exceedance of the ceiling;
2° From the method referred to in section R. 336-33 of the calculation of the price supplement in case of exceedance of the ceiling.
In the absence of the Minister's opposition in the month following the receipt of the Energy Regulatory Commission's proposal, it is deemed to be accepted.
A supplier that supplies electricity as part of the provisions of Article L. 336-1 of this code on the basis of the consumption of a site that it provides, which benefits from electricity volumes corresponding to the rights of shareholders of the registered capital companies that have for activity the acquisition of contracts of long-term supply of electricity referred to in Article 238 bis HV of the General Code of Taxes, is to be applied, in accordance with the theoretical rules
At least fifteen days before the deadline for the transmission of ARENH's application files referred to in section R. 336-9 of this code, or, in the case of the conclusion of a new long-term procurement contract that takes effect during the delivery period that does not allow to meet this period, no later than fifteen days after the signature of the latter, shareholders of the registered energy companies that have the acquisition of electricity
1° The elements allowing the identification of each of their consumption sites and, where appropriate, the relevant delivery points;
2° The reference power of each of their consumption sites, resulting from a distribution between the sites of each shareholder of the total amount of electricity that the shareholder has acquired, differentiating, if any, power by delivery point;
3° The name of the supplier responsible for delivering this energy to their sites during the delivery period under review, as well as the mode of delivery used;
4° The power subscribed by each of the sites in the network access contract and any change in the network in the past year;
5° The name of the suppliers providing each of these sites.
The reference power is a normative magnitude of the average power provided to a site. This power will be reported on a semester, from January 1 to June 30 and from July 1 to December 31, or, in the case of a new long-term procurement contract, constant from the date of first delivery of the long-term procurement contract to June 30 or December 31.
Suppliers may request the Energy Control Board to indicate the sum of the reference powers of the sites they provide or plan to provide.
The Energy Control Board verifies the coherence of the reference powers, particularly in the context of the power of each of these sites in the network access contract. In addition, the Energy Control Board verifies that:
1° The sum of the reference powers of all sites or, where applicable, points of delivery is equal to the power acquired by registered capital companies through long-term electricity supply contracts referred to in Article 238 bis HV of the General Tax Code;
2° The sum of the reference powers of all sites or, where applicable, the points of delivery of each shareholder is equal to the power acquired by the same shareholder from the registered capital corporations that have the business of acquiring long-term electricity supply contracts referred to in the same article;
3° Each reference power is not significantly higher than the average power normally consumed for each site or, where applicable, delivery points.
In the event of inconsistencies in the reference powers declared by the above-mentioned companies, the Energy Control Board shall inform them within three weeks. In return to the Energy Control Board, these companies address a reference power correction within two weeks. If the lack of knowledge of the consistency criteria persists, the recorded consumption of each shareholder site of these companies affected by inconsistencies is deemed to be zero in the calculations of the rights to access regulated to historical nuclear electricity for each half hour of the delivery period.
To adjust the consumption observed for each of the sites or, where applicable, delivery points, for which it has a reference power, and in accordance with Article R. 336-31, the Energy Control Board subtracts the reference power to the consumption observed of this site or delivery point for each half hour of the delivery period under consideration.
In addition, in the case where the supplier mentioned in the 3rd of Article D. 336-41 delivers energy by a notification of exchange of on-site blocks, the Energy Control Board subtracts the reference power primarily from the block delivered by that supplier.
These adjustments shall be taken into account in the application of the rules for calculating the recorded consumption referred to in R. 336-29.
In the case of the conclusion of a new long-term procurement contract that does not allow the shareholder to comply with the period referred to in Article D. 336-41, for suppliers of the sites concerned, the Energy Control Board:
1° Adds, for the calculation of the excessive quantity referred to in Article R. 336- 34, to the quantity "Qmax" mentioned in the same article, the amount of theoretical product calculated in accordance with the method referred to in Article R. 336-14, on the basis of the reference power that had not been anticipated and for the period between the start date of the new contract and the end of the current semester;
2° Corrige, for both delivery periods following the first delivery date of the long-term procurement contract, the calculation of the maximum product quantity before taking into account the ceiling referred to in R. 336-16, in order to neutralize the effect of the start-up of the new long-term procurement contract. For example, for the first of the above-mentioned delivery periods, by derogation, a possible reduction in the amount requested by the supplier, even if an increase occurred at the previous window. For the second delivery period mentioned above, by derogation, a possible increase will be allowed, even if there has been a decrease in the previous window. The possible derogatory decrease, respectively derogatory increase, will not exceed the theoretical amount calculated in accordance with the method referred to in R. 336-14, based on the reference power that had not been anticipated.
If necessary, the Energy Control Board shall specify the calculation methods.
The Energy Control Board shall ensure that the market value provided for in Article R. 336-35 is adapted to the corresponding account.
The benefit of electricity pricing as a first necessity product, as provided for in Article L. 337-3 of this Code, shall be open, unless expressly refused on their part, for their main residence, to the natural persons holding a contract of supply of electricity:
1° Includes annual resources, as defined in Articles L. 861-2 and R. 861-4 to R. 861-16 of the Social Security Code, the home, as defined in Article R. 861-2 of the Social Security Code, are less than or equal to an amount set out in Article R. 337-4 of this Code;
2° Or whose annual reference tax income per household share subject to income tax, as defined in section 6 of the General Tax Code, is less than or equal to the amount determined by section R. 337-4 of this Code; This amount is, for households residing in Guadeloupe, Guyana, Martinique, La Réunion and Mayotte, plus a percentage set out in the same article.
When several electricity supply contracts are entered into within the same household, the special rate set out in the preceding paragraph is applied to a single contract. When several holders of the same electricity supply contract meet the conditions of 1° or 2°, special pricing is applied only once.
The benefit of electricity pricing as a first necessity product provided by the third paragraph of Article L. 337-3 of this Code, for the benefit of managers of the social residences referred to in Article L. 633-1 of the Construction and Housing Code which are the subject of the agreement provided for in Article L. 353-1 of the same Code, is open, on their application, under the conditions set out in Article 3-14 of this Code.
For a beneficiary natural person, the costing of electricity as a first-necessary product is the result of a flat-rate deduction on the contracted supply price between the domestic customer and its electricity provider.
The lump-sum deduction referred to in the first paragraph shall not exceed the total amount of the annual electricity bill all taxes included. It is based on the power and the number of consumption units that the foyeR has. The first or only person in the home is a consumer unit. Each other person in the household is a fraction of a consumption unit equal to the increase in the resource ceiling provided for in section R. 861-3 of the Social Security Code.
The composition of the home refers to the home as defined in article R. 861-2 of the Social Security Code when this information is known and dates less than eighteen months. Otherwise, the number of persons in the tax home subject to income tax, as defined in section 6 of the General Tax Code, may be retained.
The amounts of the lump sum deduction referred to in the first paragraph shall be determined by section R. 337-5 of this code. They can be reassessed by decree of ministers responsible for the economy, energy and social affairs after the opinion of the Energy Regulatory Commission. The amount of annual resources referred to in 1° of Article R. 337-1 of this Code and the amount of the reference tax income of the home referred to in 2° of the same article may be reassessed under the same conditions. The percentage of increase referred to in 2° of Article R. 337-1 may be reassessed by decree of ministers responsible for the economy, energy, social affairs and overseas, after the opinion of the Energy Regulatory Commission.
The annual amount of household resources, referred to in the 1st of Article R. 337-1 of this Code, is that which is entitled to the deduction provided for in Article L. 863-2 of the Social Security Code.
The amount of annual reference tax income per share, referred to in 2° of section R. 337-1 of this code, is set at 2 175 euros. This amount is increased by 11.3% for households residing in Guadeloupe, Guyana, Martinique, La Réunion and Mayotte.
The lump-sum deduction referred to in section R. 337-3 of this code is equal, depending on the power and number of consumer units (UC), to the values shown in the table below:
| UC = 1 | 71 | 87 | 94 |
| 1 < UC < 2 | 88 | 109 | 117 |
| UC = 2 | 106 | 131 | 140 |
The value-added tax rate applicable to the lump sum deduction is the normal rate set out in section 278 of the general tax code.
The benefit of this fee is not an obstacle to obtaining aids of any kind provided for in Decree No. 2008-780 of 13 August 2008 relating to the procedure applicable in the event of unpaid electricity, gas, heat and water bills.
Health insurance organizations communicate to suppliers proposing special electricity pricing as a product of first necessity or to an organization acting on their behalf, for the sole purpose of identifying the natural persons who may benefit from this tariff, the civilities, first names, names, dates of birth and addresses of their nationals fulfilling the condition of resources provided for in 1° of Article R. 337-1 of this Code as well as the number of persons of the home as defined in Article R-2. This information is provided at least once per quarter. No information transmitted by health insurance organizations may be retained for a period of more than nineteen months.
The tax administration shall communicate to suppliers proposing the special rate of electricity as a first necessity product or to an organization acting on their behalf, for the sole purpose of identifying the natural persons who may benefit from this tariff, the civilities, first names, names, dates of birth and addresses of its nationals fulfilling the reference tax income condition by tax share provided in 2° of section R. 337-1 of this code, as well as the number of persons This information is provided at least once a year. No information transmitted by the tax administration may be retained for a period of more than nineteen months.
Electrical distribution network managers communicate to the agency acting on behalf of the suppliers, at least every six weeks, the information required to identify potential beneficiaries of the primary requirement of each electricity provider.
For each delivery point, this information includes:
- the civility, first name and name of the holder of the contract, if any the name and name of the co-owner of the contract;
- the number and address of the delivery point;
- the name of the supplier;
- postal code, name and INSEE code of the municipality.
No information transmitted by electricity distribution network managers can be retained for a period of more than nine weeks.
Electrical suppliers, or the agency acting on their behalf, shall address to those of their customers identified using the information referred to in the first, second and third paragraphs of Article R. 337-7, an attestation, including the references of their contract of supply, informing them that they fulfil the conditions that are entitled to the benefit of the special pricing of electricity and that, unless expressly refused their part within the time limit of their delivery The certificate informs the same customers of the transmission of data as well as their access and opposition rights in accordance with Article 32 of Act No. 78-17 of 6 January 1978 on computers, files and freedoms.
Suppliers, or the agency acting on their behalf, address potential beneficiaries of their area of commercial activity that they do not identify as their customers a certificate informing them that they meet the conditions that are eligible for special pricing and indicating the procedure to benefit from it.
Those of these potential beneficiaries who have a contract with these suppliers shall communicate to them, or to the agency acting on their behalf, by means of the attestation referred to in the preceding paragraph, the name and contact details of their supplier and the references to their contract. This duly completed certificate is kept in digitized form for a period of nineteen months from the date of receipt of contract references by the electricity provider or by the agency acting on its behalf designated by it.
The certificate referred to in sections R. 337-8 and R. 337-9 or the accompanying letter specifies:
1° Number of household consumption units;
2° Information on the rights of potential beneficiaries of special electricity pricing as a first-needed product (or "TPN"), the "TPN interlocutor" and the "TPN" green number;
3° Information on the rights of potential beneficiaries of the supply of natural gas at the special rate of solidarity (or "TSS"), the "TSS interlocutor" and the "TSS Green Number".
The special fee is applied by the supplier for a year from the expiry of the fifteen-day period provided for in section R. 337-8, or, in the case provided for in section R. 337-9, from the date of receipt, by the electricity supplier or by the agency acting on behalf of the supplier, duly completed certificates.
In order to prevent the interruption of the benefit of the special electricity pricing for natural persons, it is extended for an additional period of six months from the end of its application period, unless the interruption results from the termination of the supply contract. Except in the case of fraud, it does not in any case give rise to a refund from the beneficiary. The amount of the deduction referred to in the first paragraph of section R. 337-3 is calculated, during this additional period, pro rata temporis.
During this additional six-month period, the supplier or agency acting on behalf of the supplier shall inform the client, who is no longer identified as a potential beneficiary of the special pricing as a first-needed product under the procedure described in R. 337-7 and subsequent, as his rights are temporarily extended, the date of the extension and the procedure to be followed to continue to benefit from the tariff at the end of this extension period.
If special pricing rights are extended over the additional six-month period, the fee is applied for one year from the date of renewal of these fees, without prejudice to a further six-month period.
In the event of termination of the supply contract before the term of one year or the additional six months, the amount of the deduction referred to in the first paragraph of section R. 337-3 is calculated pro rata temporis. The supplier or agency acting on its behalf shall return to the interested party a duplicate of the certificate and a letter indicating the date of commencement and end of application of the special pricing. The new electricity provider is required to apply this special fee for the remaining fee period, if any, to run, by applying a pro rata temporis coefficient to the amount of the lump sum deduction.
All useful precautions are taken to preserve the security and confidentiality of the data referred to in R. 337-7 to R. 337-11. Agents or employees responsible for collecting and exploiting this data are bound to a confidentiality obligation.
Individuals are informed of the transmission of data concerning them to electricity providers or to an organization acting on behalf of them, as well as of their access, rectification and opposition rights, in accordance with Article 32 of Act No. 78-17 of 6 January 1978 on computers, files and freedoms.
Individuals who benefit from the special rate set out in this subsection are free of charge from the commissioning and registration of the contract and an 80% discount on the billing of a displacement due to a discontinuation of supply due to a default of settlement.
In order to benefit from the special electricity pricing as a first necessity product, the managers of social residences referred to in section R. 337-2 of this code shall forward their application to their electricity supplier, or to the agency acting on behalf of them, together with:
1° The signed agreement provided for in Article L. 353-1 of the Construction and Housing Code;
2° The attestation by the departmental departments of the State that the convention was not denounced, specifying its expiration date;
3° Any document justifying the number of dwellings in the relevant social residence and the absence of individual contracts for the provision of electricity for housing;
4° The references of the collective contract for the supply of electricity, the name and contact details of the supplier, as well as the references of the relevant delivery points(s).
For the manager of a social residence whose occupants do not have an individual supply contract, the pricing of electricity as a first necessity product is the result of a deduction on the contractually established supply price between the manager and its electricity provider. This deduction is based on the number of housing units in the relevant social residence. It must not exceed the total amount of the annual electricity bill all taxes included.
The amount of the deduction is reimbursed monthly to residents, deducting management fees that amount to 5% of the deduction amount. The amount deducted is the subject of a specific reference to the notice of expiry addressed to the resident.
The amount of the deduction referred to in the preceding two paragraphs is determined by section R. 337-16. It can be reassessed by decree of ministers responsible for the economy, energy, housing and social affairs after the opinion of the Energy Regulatory Commission.
The special pricing is applied by the supplier until the expiration date mentioned on the certificate issued by the State services and not more than three years. In the event of a termination of the supply contract before this term, the supplier or agency acting on behalf of the supplier shall return to the person concerned a letter indicating the date of commencement and end of application of the special pricing. The new electricity provider of the interested party is required to apply this special fee for the remaining fee period, if any, to be cured. The amount of the deduction is then calculated pro rata temporis.
No information transmitted by managers of social residences may be retained for a period of more than three years.
The deduction referred to in R. 337-14 is equal to 47 € (TTC) per year. The value-added tax rate applicable to the lump sum deduction is the normal rate set out in section 278 of the general tax code.
All costs of the service provided by health insurance organizations for the purposes of this subsection are reimbursed to them by electricity providers offering special electricity pricing as a first-needed product.
The provisions of 1° of Article R. 337-1 shall apply to Mayotte when the provisions of Article L. 861-3 of the Social Security Code are applicable thereto.
The provisions of Article R. 337-1 are applicable to Mayotte effective January 1, 2015.
Regulated electricity sales rates include tariff categories, options and versions.
The rate categories are defined according to the connection voltage and the power subscribed by the customer for the site concerned:
The so-called "blue" tariff is offered to end consumers for any site in metropolitan France, connected in low voltage (connection voltage less than or equal to 1 kilovolt) and whose maximum power subscribed is less than or equal to 36 kilovoltampers, as well as for any site located overseas when connected in low voltage (connection voltage less than or equal to 1 kilovolt);
The so-called "yellow" tariff may be offered to end consumers for any site located in an area not interconnected with the continental metropolitan network, connected in low voltage (connection voltage of less than or equal to 1 kilovolt) and whose maximum subscribed power is greater than 36 kilovoltampers.
The so-called "green" tariff is offered to end consumers for any high-voltage connected site (connection voltage greater than 1 kilovolt), located in an area not interconnected with the continental metropolitan network, or located in the continental metropolis and whose maximum subscribed power is less than or equal to 36 kilovoltampers or 33 kilowatts depending on the unit in which the powers are subscribed.
Final consumers located in continental metropolitan France, connected in low voltage, whose subscribed power is less than or equal to 36 kilovoltampers, who benefit on December 31, 2015 from a "yellow tariff" and whose counting device allows power exceedances, can keep this rate until they ask to change the option, version or power subscribed.
Final consumers located in continental metropolitan France, connected in low voltage, whose subscribed power is less than or equal to 36 kilovoltampers or 33 kilowatts depending on the unit in which the powers are subscribed, which benefit on December 31, 2015 from a "green tariff", can retain this tariff as long as they do not ask to change the option, version or power subscribed.
In the territories, not interconnected with the continental metropolitan network, Guyane and La Réunion, a regulated rate of sale of specific electricity can be offered to end consumers whose power subscribes is less than 3 kilovoltampers for isolated sites connected in low voltage to a micro network not connected to the main public distribution network itself.
Each tariff category may include several tariff options, each of which may include several versions.
The options and tariff versions are based on the average power consumption characteristics, the impact of the consumption site on the size of the network infrastructure and the network to which this site is connected. When the subscribed power is less than or equal to 36 kilovoltampers, are distinguished, depending on the reference load curves established by customer types, open options for any site making residential use of electricity and open options for any site making non-residential use of electricity. With the exception of the rate referred to in the eighth paragraph for isolated sites, each option or tariff version shall have a fixed share and, by tariff period, a proportion proportion to the energy consumed.
The fixed share and each proportion to the energy consumed depends on the intrinsic characteristics of the supply, including:
1° From the power(s) subscribed by the subscriber;
2° The voltage under which the energy is provided;
3° From the mode of use of power over the year in particular with respect to the period and duration of use.
Each tariff option or version may include several tariff periods, each of which is characterized by a specific proportional share and, where applicable, the calculation of power overruns and reduced power overruns and reactive energy billing modalities.
Regulated rates for the sale of electricity are posted on the internet by the operators in charge of the supply of electricity at regulated rates or are not required by any other means available to customers. They are communicated by these same operators to any customer who makes the request.
For each tariff category referred to in R. 337-18, the level of regulated rates for the sale of electricity is determined, subject to the consideration of the costs of the activity of supplying electricity to the regulated rates of Electricity of France and local distribution companies, by the addition of the cost of access regulated to the historical nuclear electricity, of the cost of supplying electricity, which includes
The cost of regular access to historical nuclear electricity is determined based on the price of regular access to historical nuclear electricity applied to the prorated amount of the theoretical product calculated under section R. 336-14, taking into account, if any, the attainment of the maximum total volume of historical nuclear power set out in section L. 336-2.
The cost of supply supplement on the market is calculated based on the average consumer characteristics and market prices observed. Until the beginning of the first year of delivery of the capacity bond mechanism provided for in Chapter V of this title, the cost of the capacity guarantee is considered to be nuL. Then, it is taken into account in proportion to the energy consumed from the supply price
Electricity delivery costs are determined based on the usage rates of public networks.
The marketing costs correspond to the marketing costs of a electricity provider at least as efficient as France's Electricity in its supply activity of customers who have subscribed to regulated electricity sales rates.
The normal remuneration of the supply activity is affected by the rate proportional to the energy consumed.
In areas not interconnected with the continental metropolitan network, the level of regulated tariffs for the sale of electricity to consumers whose power subscribes is greater than 36 kilovoltampers evolves, by tariff category, in the same proportions as the cost of electricity, determined by the Energy Regulatory Commission, billed to consumers for the same powers subscribed in continental metropolitan France. These tariffs evolve at the same time as regulated rates for the sale of electricity to consumers whose subscribed power is less than or equal to 36 kilovoltampers.
Options in a tariff class may be terminated or deleted under the conditions set out in section L. 337-4. extinction options are no longer available to customers from the effective date of this extinction. A customer whose contract on that date contains such an option shall retain it, including at the time of the tacit renewal of the latter, as long as it does not require a change of tariff option. The fixed share and proportional portions of an extinction option can continue to be subject to structural and level changes.
Deleted options are no longer available to customers from the effective date of this removal. Within a maximum period of three months from that date, the operators in charge of the supply of electricity notify each customer with an option deleted from the need to choose another one from those in vigueuR. If this choice has not been made within one year of the effective date of the deletion, the customer shall be applied the tariff match provided for in this effect by the deletion order of the option. If the change in option requires a change in the counting device, the cost of this change is borne by the operator in charge of supplying electricity to the regulated rates.
In order to encourage consumer control, especially during peak periods, ministers responsible for energy and the economy can set by order taken annually after the opinion of the Energy Regulatory Commission:
- the maximum percentage that can be represented by the fixed portion in the bill excluding the average forecasting tax at normal temperature for each subscribed power of each "blue tariff" option;
- the minimum level of the ratio between the price of the highest tariff period and the lowest price of the tariff period to be met by at least one option of the "blue tariff" accessible to residential consumers.
The Energy Control Board ensures that the tariff structure is not exposed, in particular with regard to the distribution of costs between the fixed share and the proportional share of electricity consumed and the differentiation of tariff rates between tariff periods, sudden changes or instability that may affect the readability of tariff signals for consumers or lead to changes in invoices of excessive amplitudes to the next.
The Energy Regulatory Commission takes into account the energy policy directions indicated by the Ministers responsible for the economy and energy, in particular with regard to the types of customers for which ministers want tariff options to be proposed.
Regulated electricity prices are subject to review at least once a year.
Any changes in the price of regular access to historical nuclear electricity or the rates of use of public electricity networks result in the modification of the regulated sales rates in force to take into account this development.
Any reasoned decision by the Energy Control Board regarding a change in the use of public electricity networks is accompanied by a proposal for new regulated electricity sales rates.
Any price proposal for regular access to historic nuclear power by the Energy Control Board to the Ministers responsible for the economy and energy is a proposal by the Commission for new regulated tariffs for the sale of electricity within a maximum of four months.
When a customer undergoes a discontinuation of supply due to a failure of public transportation or distribution networks, the fixed share of the regulated selling rate that is applicable to the customer is the subject of a flat-down.
When a electricity consumption statement simultaneously includes consumption payable to old and new rates, a distribution proportional to the number of days of each period is made.
A local distribution undertaking referred to in Article L. 111-54 may exercise its rights under Article L. 334-1 for all or part of its electricity supply.
The non-tax transfer rates under this section apply to the provision of electricity for which a local distribution undertaking has not exercised its duties under section L. 334-1, provided that it justifies the corresponding quantities.
Electricity disposal rates are based on the full costs of producing this energy.
These rates have a fixed share and a proportional share.
The fixed share and proportional share depend on the intrinsic characteristics of the supply, including:
1° Power subscribed by the local distribution company;
2° From the mode of use of this power over the year and in particular the period and duration of use.
Electricity transfer rate scales include provisions for tariff periods and power calculations.
The non-tax transfer rates to local distribution companies are set in accordance with the scales established by the Minister responsible for the economy and the Minister responsible for energy.
Changes in the disposal tariffs, including, where applicable, changes in the structure of these tariffs are determined by a joint order of the Minister responsible for the economy and the Minister responsible for energy after notice of the Energy Control Board.
Ministers seize the Energy Control Board of the tariff evolution projects. The reasoned opinion of the commission is sent to the ministers in the month following receipt of the projects. This period may be extended to two months by the ministers at the request of the commission. After the last period of one month or two months, the notice is deemed favourable.
The tariffs for the use of public transport and distribution networks allow for the non-discriminatory distribution of the costs referred to in section L. 341-2 between:
1° Electricity consumers that are connected to public networks and that take electricity on these networks;
2° Producers who are connected to public networks and injecting electricity on these networks;
3° Producers or consumers who use adjustment and balancing services implemented by public network managers, in particular to ensure the maintenance of tension and frequency.
Public network usage rates are used to establish the invoice that is addressed to the user by the network manager with whom he has entered into a network access contract.
When the supplier has entered into a network access contract pursuant to section L. 111-92, it simultaneously charges its customer with the provision of energy and the use of public networks. It identifies on the invoice the amount corresponding to the use of public networks by its customer.
For customers who have not exercised the right referred to in section L. 331-1, the supplier applies the regulated rate of sale. Invoices indicate, for the relevant tariff category, the proportion corresponding to the cost of using public networks. The supplier remits to the network manager the amounts it has collected for the use of this network.
Contracts and protocols between managers of public transport networks, managers of public distribution networks and users of these networks may provide for the provision of special services in the quality of delivered electricity or counting modalities and provide for the corresponding financial conditions to cover the additional costs incurred.
For the purposes of the provisions of Article L. 341-4 and for the better use of public electricity grids, managers of public electricity transmission and distribution networks are implementing counting devices allowing users to access data relating to their production or consumption and to third parties authorized by users to those concerning their customers.
Counting devices shall include the processing of recorded data allowing them to be made available at least daily.
Users of networks and third parties authorized by users have access to them in transparent, non-discriminatory conditions, adapted to their respective needs and subject to the confidentiality rules set out in articles R. 111-26 to R. 111-30.
Each user of public electricity networks has the free provision of data relating to their production or consumption recorded by the counting devices.
Public electricity network managers have the right to use this data for any use within their missions. They shall, at their request, communicate to energy suppliers and equilibrium officials, for the exercise of their missions, the data concerning their respective customers and the conceding authorities, under the conditions specified by the terms of the concessions, the data in an aggregate form of interest to the concession.
An order by the Minister responsible for energy taken on the proposal of the Energy Control Board, in particular in view of the system interoperability requirements, the features and specifications of the counting devices provided for in section R. 341-4.
The specifications and cost elements of the counting devices for managers of public electricity distribution networks serving more than one hundred thousand customers are submitted, prior to their implementation, to the Energy Control Board, which may make recommendations, in particular with a view to ensuring the establishment of interoperable counting devices at the national level, in accordance with the terms specified in the order in the first paragraph.
The actual costs associated with the counting devices implemented by the managers of public networks in accordance with the requirements of the order provided for in section R. 341-6 fall into the charges to be covered by the tariffs for the use of public electricity transmission and distribution networks.
Managers of public electricity networks shall establish counting devices in accordance with the requirements of the order provided for in Article R. 341-6, under the following conditions:
The company referred to in 1° of the I of Article L. 111-53 complies with the requirements of the order provided for in Article R. 341-6 any new point of connection of the installations of users connected in low voltage (BT) for powers less than or equal to 36 kilovoltampers, or any existing point of connection of a facility of the same nature whose constituent structures are the object of work itself and when it requires an
By December 31, 2020, at least 80% of the counting devices for low-voltage (BT) user installations for power less than or equal to 36 kilovoltampers are compliant with the requirements of the order under Article R. 341-6, with a view to achieving a 100% target by 2024.
By December 31, 2020, any Public Electricity Distribution Network Manager serving a hundred thousand customers and more, as well as the Public Electricity Transport Network Manager, shall, for low-voltage connected user installations (BT) for power greater than 36 kilovoltampers or high-voltage connections (HTA or HTB), comply with the requirements of the decree set out in section R. 341-6 to place all of the points
By December 31, 2024, any Public Electricity Distribution Network Manager serving less than one hundred thousand customers shall, for all low-voltage (BT) connected user facilities for power greater than 36 kilovoltaic or high-voltage (HTA), comply with the requirements of the order provided for in section R. 341-6 at least 90% of the counting devices put in place at the points of connection to its connected networks.
Subject to the technical constraints associated with their deployment, the counting devices are installed as a priority for people in energy precarious situations.
The connection consists of low-voltage structures located upstream of the circuit breaker's outlet terminals or, failing that, any cut-off device equivalent to a user's connection point to the public network and at the end of the electrically closest low-voltage network point allowing technically to serve other users, materialized by a derivation accessory.
When the connection serves several users inside a building, the connection consists of low-voltage structures located upstream of the circuit breakers' outlet terminals or, if not, cut-off devices equivalent to the connection points of these users to the public network and at the approval of the nearest electrically low-voltage network point allowing technically to serve other users, materialized by an accessory.
The connection includes the derivation accessory and the counting facilities.
The extension consists of newly created or created structures to replace existing structures in the connection voltage field and newly created in the higher voltage field which, at their creation, contribute to the supply of the applicant's facilities or to the evacuation of the electricity produced by them, listed below:
1° Underground or aerial electrical systems and their terminal equipment when, at their creation, they do not contribute to the supply or evacuation of electricity consumed or produced by installations other than those of the connection applicant;
2° Underground or aerial electrical transmissions, at the connection voltage level, newly created or created in replacement, in parallel with an existing link or in cut-off on an existing link, as well as their terminal equipment when these pipes connect the applicant's site of the connection to the transformation station(s) to a field of tension greater than the connection voltage field the(s) nearest;
3° HTB and HTA bars and BT tables;
4° Transformers whose downstream voltage level is that of connection voltage, their protective equipment and civil engineering works.
However, the branching works referred to in Article D. 342-1 are not part of the extension.
When the connection is made at a voltage less than the reference connection voltage area, defined by the regulations made under section L. 342-5, the extension is also made of new or created structures to replace existing structures in the reference connection voltage field and linking the applicant's site to the transformation stations to the voltage field above the nearest reference connection voltage area.
When the connection is made at the highest voltage level (HTB3), the extension is also made up of ground or air power lines, at the connection voltage level, created in replacement, in parallel with an existing or cut-off link on an existing link, as well as their terminal equipment when these pipes connect the applicant's site of the connection to the nearest interconnection stations.
The extension includes user counting facilities connected in the HTA voltage field.
Under the conditions set out in the first paragraph of Article L. 342-3, the allowances due to the applicant for connection by the manager of the public distribution network, in the event that the time limit for sending the connection agreement or the time limit for connection to the public electricity distribution network of a power generation facility from renewable energy sources of an installed power of less than or equal to 3 kilovoltampers, are fixed:
1° A 30 euros in case of overtaking of the period fixed to one month for the sending of the connection agreement, starting from the receipt of the full connection request;
2° A 50 euros in the event of a two-month extension to complete the connection to the public distribution network, starting with the receipt by the manager of the public distribution network of the acceptance of the connection agreement by the applicant and, if applicable, 50 euros per additional full month of overtaking of the aforementioned period.
The allowances set out in section R. 342-3 are payable only when the cause of the delay is solely attributable to the manager of the public distribution network concerned. They are exclusive of any other allowance that would be provided for the same reason in connection with the determination of the tariffs for use of public electricity transmission and distribution networks referred to in Article L. 341-3.
The provisions of this section apply to production and consumption facilities connected to public electricity networks, with the exception of:
1° Consumption facilities with a maximum of 36,000 amper volts;
2° Production or consumption facilities connected to a public electricity distribution network within an area of the territory not connected to the continental metropolitan network and on which the installed power of all connected production facilities is less than or equal to 20 megawatts.
Without prejudice to the provisions of sections D. 342-7 and D. 342-8, the connection of an installation to a public electricity network is subject to the compatibility of the power delivered or withdrawn with the voltage level(s) of that network.
An Energy Minister's order sets the area of voltage used as a reference for connecting the installation according to the power delivered or withdrawn. This order specifies cases where it may not be taken into account the reference voltage area of the facility, after agreement of the manager of the public electricity network.
The connection of a facility to a public electricity distribution network is carried out on the network of the service area in which the facility is located.
However, if the connection solution is economically more advantageous, the connection can be made by a different public electricity network manager in the event of an agreement between the applicant, the two public electricity network managers and the territorially competent organising authorities.
I. - Without prejudice to the conditions provided by other regulations, only facilities designed to operate under the normal and exceptional frequency and voltage conditions on this network can be connected to a public electricity network without the result:
1° A danger to people and goods;
2° A disruption of the devices implemented by the network manager to ensure its conduct and protection;
3° An abnormal degradation of the quality of electricity distributed or transported on this network;
4° A constraint for other network users.
II. - In addition, in the case of production facilities, only those equipped with:
1° A protective device allowing them to be automatically separated from the public electricity network in certain abnormal situations;
2° An ability to adjust the active power they can deliver as well as the reactive power they can provide or consume;
3° A device that allows the producer and manager of the public electricity network to be connected to the production facility, to exchange information and operating orders.
III. - An Energy Minister's order specifies the conditions set out in this section. These conditions may be differentiated depending on the power delivered or withdrawn from the facilities to be connected, the particularity of the connection to a public electricity distribution network within an area of the territory not interconnected to the continental metropolitan network and, for a production facility, the random or non-normal nature of the primary energy it uses and its technology.
These conditions are detailed in the technical reference documentation of the manager of the public electricity network.
After certifying its accuracy, the applicant shall communicate to the manager of the public electricity network, as the procedure proceeds, the technical characteristics of the proposed facility that are necessary for the definition of the connection. At the request of the Panel, the Panel shall also provide the evidence of the certificate.
The network manager conducts a study of the technical conditions of the connection, in accordance with the methods, safety assumptions and network characteristics mentioned in its technical reference documentation, based on the information referred to in the first paragraph. This study aims to:
1° Determine the reference voltage field mentioned above;
2° Justify the impossibility of making a required connection under conditions not respecting the reference voltage domain;
3° Identify technical constraints related to the intended connection, including adaptations to be made, prior to this connection, to the installation and public electricity networks concerned;
4° Determine the specific operating procedures that the producer must respect;
5° Offer the producer the most advantageous solution for this connection.
The results of the study are communicated to the applicant by the network manager, subject to compliance with the confidentiality rules to which it is held.
An Energy Minister's order specifies the technical points on which the attestation and study referred to in this section are concerned.
Any installation connected to a public electricity network is subject to a connection agreement and an operating agreement between the applicant and the network manager.
These conventions are established before the installation is started.
The connection agreement defines the delivery point, mentions the declared characteristics and performance of the installation and contains a description of the technical solution used for this connection.
The operating agreement identifies the persons in charge of the operation of the facility and their interlocutors designated by the manager of the public electricity network and defines the operational relationships they maintain. It may refer to the rules necessary to allow the operation of the facility to be consistent with the operating rules of public electricity networks and the arrangements made by the applicant in order to maintain the performance of the facility in time, in particular on the periodic audits of these performances.
A decree of the Minister of Energy sets the minimum clauses for the connection and operation agreements that may be differentiated depending on whether the installation to be connected is a producer or a consumer, or whether it is connected to the public electricity transmission network, to a public electricity distribution network or to an area of the territory not interconnected to the continental metropolitan network.
In the case of a production facility, the minimum clauses mentioned in the preceding paragraph may provide that the producer maintains an energy reserve at the disposal of the manager of the public electricity network.
Prior to the substantial modification of a production facility connected to a public electricity grid, the provisions of sections D. 342-5 to D. 342-13 are applied as to the connection of a new installation.
Make substantial amendments within the meaning of this Article:
1° The partition of a single installation into several separate installations;
2° The realization of the renovation investments mentioned in article R.314-14;
3° The increase in the power of the installation, acting in a single time or on the occasion of several successive modifications, when the final power exceeds the power of the installation initially connected by more than 10% or when the increase leads to change the reference voltage domain;
4° The change of primary energy used by the installation;
5° The change of an essential component of the technology implemented by the facility.
For the purposes of the first paragraph of this Article, the decrees provided for in Articles D. 342-8 and D. 342-13 may provide, depending on the nature of the substantial modification envisaged on the latter, the requirements for the whole of the amended facility or only new or modified parts.
The producer retains the technical documentation originally prepared and during each substantial change during the lifetime of the production facility.
Where it is not substantial, the proposed amendment is the subject of a pre-report with the manager of the public electricity network and, where applicable, an update of the conventions.
This is the case for the change of operator of a production facility.
The technical requirements for the connection of a public electricity distribution network to another public electricity distribution network or to the public electricity transmission network and the procedure for such a connection are specified by a decree of the Minister responsible for energy.
The conformity of the connection of production facilities shall be checked:
1° Prior to the commissioning of a new facility;
2° Prior to the recommissioning of a previously connected facility that has undergone a substantial change This performance control is also performed on a periodic basis during the life of the installation as well as after a malfunction affecting these performances.
Controls other than those provided in 1° and 2° are carried out at the producer's initiative.
A Minister of Energy Order sets out the terms and conditions for carrying out these controls, including the minimum list of points to be checked, the minimum frequency of renewal of these operations, the minimum skills required for their implementation, the standard methods to be used, and the control operations for which the particular modalities of implementation are subject to the prior agreement of the manager of the public electricity network or requires his contribution.
At any time, and regardless of the momentary suspensions automatically or not triggered by the public electricity network protection device to which the installation is connected, the network manager may, after hearing the producer, suspend the connection of the installation:
1° In the event of a substantial undeclared modification of the facility;
2° In the event of a serious and repeated failure of the producer to the stipulations set out in the operating agreement;
3° In the event of a risk to the security of persons and property.
The suspension of the connection is immediate in case of serious and imminent danger due to the installation.
The manager of the public electricity network also proceeds to the suspension of the connection when the prefect requests it after finding the above reasons.
For the purpose and purpose of this subsection:
- an internal installation consists of the electrical installation located downstream of the connection point to the public electricity distribution network.
- a fully refurbished electrical installation is an installation of which all the disposable elements and located downstream of the delivery point were deposited and then restated or replaced.
. - Must be subject, prior to its energization by an electricity distributor, to a certificate of compliance with the safety requirements imposed by the regulations in force for the type of installation considered:
1° Any new permanent electrical installation connected to the public electricity distribution network;
2° Any electricity production facility with a power output of less than 250 kilovoltampers connected to the public electricity distribution network and requiring a change in the internal electricity installation;
3° Any fully refurbished electrical installation powered under a voltage of less than 50 kilovolts, as long as the installation was switched off by the distributor at the request of its customer to allow the renovation to be carried out.
II. - The certificate established and subject to the conditions specified in this subsection shall be delivered to the distributor by the subscriber:
1° No later than the date of application for the service of the connection in the case of a new installation;
2° Prerequisitely at the power supply when there was a total renovation of an electrical installation with the disconnection of the installation by the distributor.
It is not required when the connection of the installation has only a provisional character or when the voltage is requested only for a limited period of time, with a view to conducting the installation tests.
III. - Electrical installations that have not been completely renovated or that have not been refurbished by an electricity distributor may be subject to a certificate of conformity on the owner's request. When the renovation was only partial, the certificate mentions the electrical circuits of the installation within the meaning of the NF C 15-100 standard that it certifies compliance. When some circuits were only partially renovated, the certification specifies the parts of these circuits that it does not cover. The certification also specifies that the circuits or parts of the circuits renovated are compatible, from a security perspective, with the unrenovated parts. This certificate of conformity shall be subject to the same conditions as for mandatory certificates referred to in I and II of this article. It is preserved by the owner.
The certificate of conformity is established in writing and under its responsibility by the installer. In the event of a plurality of installers, each establishes the attestation for the part of the installation it has carried out.
When the workmaster himself proceeds to the installation or enforces it under his responsibility, he is responsible for establishing the certificate.
The certificate of conformity is obligatoryly submitted by the author to the visa of a registered body. This body shall direct or direct control of the facilities that it considers necessary, if any, on the basis of a statistical sample of the facilities under the conditions approved by the Minister responsible for electricity and, where applicable, require its visa to eliminate the defects of the facility observed during this inspection.
The deadlines and conditions for this visa are set by order of the Minister responsible for electricity.
The handover to the electric power distributor of the compliance certificate referred to above does not exempt the user or the owner of any other obligations under the regulations in force, particularly with regard to the safety in public-receiving establishments, high-rise buildings and the protection of workers.
In the event that an inspection of the conformity of the facility has been carried out under another regulation, the report submitted to the user or the owner as a result of that verification, or the part of that report concerning the internal installation, is attached to the compliance certificate submitted to the visa.
The provisions of the preceding paragraph apply, in particular, to industrial and agricultural facilities employing workers where, except in exceptional cases, the visa authority may not carry out the verifications itself, but must ensure that the report provides any useful information on the conformity of electrical installations with the safety requirements imposed by the regulations in force.
As of the publication of the decision for approval of the regional framework for connection to the renewable energy network, the producer for whom no capacity has been reserved prior to the publication pursuant to the technical reference documentation of the managers of the public electricity grids is liable:
1° The cost of clean works to ensure the connection of its production facility to the works of the regional framework for connection to the renewable energy network; clean works are constituted by the newly created or created electrical works in replacement of existing structures in the connection voltage field as well as those created at the higher voltage level and located upstream of the circuit breaker's outlet terminals equipped with a producer's connection point to the public network and the approval of the works of the regional connection scheme to the renewable energy network;
2° A share of the cost of the work to be created in accordance with the regional framework for connection to the renewable energy network or the particular component concerned; this share is equal to the product of the power to be connected from the production facility by the quotient of the cost of investments defined in the 4th of Article D. 321-15 by the overall capacity of the regional connection scheme, or by the capacity of the particular component concerned, defined in the 2nd of Article D. 321-13.
The conditions and order for the processing of applications for the connection of production facilities to the works of the regional framework for connection to the renewable energy network are carried out according to the technical reference documentation and procedures for the processing of applications published on the website of public network managers. Public network managers propose the connection solution to the nearest position, minimizing the cost of clean works defined in section D. 342-22 and having a reserved capacity, pursuant to section D. 321-21, sufficient to satisfy the required connection power.
Pending the completion of the projects to be created in accordance with the regional framework for connection to the renewable energy network, managers of public networks can propose solutions for connection including temporary limitations on electricity injection on the networks.
To determine the quota applicable to the connection, the network managers are based on the location of the connection position on which the production of the facility is injected.
Each public network manager is responsible only for investments on the network he operates.
The producer shall pay the connection costs for the clean works and the contribution to the network manager to which it is connected.
An agreement, concluded between the manager of the public transportation network, the managers of the public distribution networks and the organizing authorities of the public distribution of electricity when they intervene in accordance with Article L. 342-6, specifies the terms and conditions for the payment of the quota to be allocated between the different network managers and the terms and conditions for the payment of the costs of the specific works due to the organizing authorities.
Public network managers transmit annually and jointly to the prefect of the region a technical state of the implementation of the regional framework for connection to the renewable energy network, which is published on the website of the public transport network manager.
In the event of a review of the regional climate, air and energy schema or at the request of the regional prefect, the manager of the public transport network shall, in agreement with the managers of the relevant public distribution networks, review the regional framework for connection to the renewable energy network in accordance with the procedure set out in this section and section 2 of Chapter I of Title II of this book.
During this review, network managers prepare a technical and financial assessment of the work carried out in the context of the regional closed-connection scheme.
A direct line is made up of all electrically connected works intended for the delivery of electrical energy, without transit through public transport and distribution networks within the meaning of Article II L. 121-4, intended to:
1° Direct supply of a customer by a producer pursuant to a contract entered into under Article L. 331-1;
2° Direct supply by a producer of its establishments, subsidiaries or parent company, within the limits of its own production;
3° Supply by a producer of a client located abroad.
The direct lines are governed by the provisions of this chapter, without prejudice to the provisions of Articles R. 323-23 to R. 323-45, and R. 342-15 to R. 342-17.
The application for a public utility declaration is addressed to the prefect of the department(s) where the works must be implemented.
The application is accompanied by a file including:
1° A map at 1 / 10,000 on which the outline of the planned lines is shown, as well as the location and identity of the operators of other existing or to be created, such as the transformation stations;
2° A descriptive memory indicating the general provisions of the books, their terms of use and the identity of their different users, their insertion into the existing network;
3° An environmental impact assessment where the environmental code requires it and, in this case, the necessary elements for the conduct of a public investigation conducted in accordance with Chapter III of Book I of the Environmental Code, or if an investigation is not prescribed by the Environmental Code, the necessary elements for the public consultation provided for in the second paragraph of Article L. 323-3 of this Code;
4° Parts provided for in Article R. 112-4 of the Code of Expropriation for public use;
5° Exhibits certifying the refusal of access to the public transportation or distribution of electricity against the applicant, or, in the event of a lack of response from the manager of the public transportation or distribution network concerned to the applicant within three months, evidence of the filing of the application.
The prefect conducts the instruction. He requests the advice of civilian and military services, mayors and, where appropriate, the granting authorities of the public distribution of electricity, indicating that a period of two months is allocated to them to make a decision. In the absence of a response within the time limit, it has gone beyond and the instruction is continued. The prefect shall transmit the results of the services consultations and either of the public inquiry or of the public consultation to the applicant who may make comments. The prefect collects the petitioner's comments on the report of the investigating commissioner or the commission of inquiry or on the synthesis of the observations collected during the public consultation organized in accordance with the second paragraph of section L. 323-3. The declaration of public utility is pronounced by prefectoraL order. For works to be established in the territory of several departments, the declaration of public utility is issued by joint decree of the prefects of the departments concerned.
The statement of public utility of direct voltage lines greater than 50 kilovolts is instructed and pronounced under the conditions set out in sections R. 323-5 and R. 323-6, depending on the level of tension.
In addition:
1° The file includes documents certifying the refusal of access to the public transportation or distribution network of electricity opposed to the applicant, or, in the event of a lack of response from the manager of the public transportation or distribution network concerned to the applicant within three months, proof of filing the application;
2° The descriptive memory specifies the conditions of use of the direct line and the identity of its different users;
3° The map on which the direct line outlines the identity of the operators of the main works of existing networks.
The criteria for granting a direct line construction authorization are:
1° Compliance with the conditions of use of the direct lines referred to in Article L. 343-1;
2° The complementary character to the public electricity grids of the direct line, when the works of the public networks, existing or under way, do not allow to perform, under equivalent or better conditions in the proper functioning of the public electricity service, the same functions as the planned direct line;
3° When the direct line is connected to a public electricity network, the safety and security of this public network, associated facilities and equipment, as well as the compliance by the facilities connected to the direct line of the regulatory technical conditions to which the facilities connected to the public network are to be met;
4° The direct line of compliance with the regulatory technical conditions to be met by the works of public electricity networks;
5° The free provision by the applicant of land where the works must be located, the benefit of a road permission or, where applicable, of servitudes established following a declaration of public utility under the conditions provided for in Article L. 343-3;
6° Compliance with environmental requirements applicable to public networks in the area concerned, including provisions relating to the visual integration of electric lines into the environment provided for by the terms of reference of the concessions and by the regulations of services of the owners.
The application for authorization is accompanied by a file comprising the following documents:
1° If it is a natural person, his or her name, first name and domicile or, if it is a legal person, his or her name or social reason, legal form, address of his or her head office and the quality of the signatory of the application;
2° A descriptive memory indicating the general characteristics of the direct line being the subject of the application, its terms of use, the identity of its different users and establishing compliance with the criteria referred to in Article R. 343-5;
3° A technical record allowing the application of the criteria mentioned in 3° and 4° of Article R. 343-5;
4° The necessary parts for the assessment of the criteria mentioned in 1° and 5° of Article R.343-5;
5° A map on which are the complete trace of the direct line as well as the location and identity of the operators of the main works of existing networks;
6° An impact study where the environmental code requires it and has not been produced under another procedure.
The application for authorization or renewal of authorization or authorization for the modification of an existing direct line shall be instructed under the same conditions and times as provided for in section R. 323- 27.
However, without prejudice to the provisions of this article, the prefect consults with the manager of the public electricity transmission network and the managers of the public electricity distribution networks in the service area of which the users of the direct line on the compliance with the criteria mentioned in 2° and 3° of section R. 343-5 as well as the authorities organizing the public distribution of competent electricity. They have a month to pronounce. This period may be extended to the longest consultation period in the event of the pooling of several procedures. After this period, their notice is deemed given.
When he plans to deny authorization, the Prefect takes the Energy Control Board for advice and transmits the DossieR. The commission has a period of two months to decide. After this period, the notice is deemed to be given.
The authorization to construct a direct line is nominal and incessant.
It may be transferred to another person provided that the person shall give the prefect the necessary parts for the assessment of the criterion referred to in paragraph 5 of Article R. 343-5 and a declaration of conformity of the work with the applicable technical requirements under Article R. 323-28, together with the record of the controls that have been performed pursuant to Article R. 323-30.
In the event of a change in the direct line or its conditions of use that may jeopardize compliance with the criteria referred to in section R. 343-5, the licensee shall inform the prefect, who may withdraw the authorization by reasoned decision after having collected the comments of the interested party.
Without prejudice to the provisions of the third paragraph of Article L. 343-2, the holder of the authorization of a direct line, where the purpose of the latter no longer exists, shall put the works safely so that they do not involve any risks to third parties. He informs of the actions taken to this end the prefect who issued the authorization. In the event of the removal or abandonment of the work, the licensee shall also inform the relevant network manager for the update of the geographic information system referred to in R. 323-29.
This title does not include regulatory provisions.
In overseas departments and the local authorities of Guyana and Martinique, when the conditions laid down in Article L.314-1 are met, producers applying for it are entitled to the requirement to purchase electricity under the 7th of this article for electricity production facilities using, as a principal, the energy generated by the combustion 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 R. 361-1, including the efficiency of heat cogeneration and the limits within which these facilities can use a fraction of non-renewable energy.
In addition, if any, of the electricity it consumes itself or of the electricity sold under the provisions of 2° of Article L. 314-1, a producer of electricity under the obligation to purchase under 7° of Article L. 314-1, designated by this chapter as "the producer", is required to sell the entire electricity produced by the facility considered by EDF,
The relations between the producer and the buyer are the subject of a contract for the purchase of electricity established in accordance with the provisions of this section and the decrees taken under section R. 361-7. 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 L. 314-1, these amendments shall 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 electricity production facilities based on biomass from the sugar cane with the purchase obligation set out in section 7 L. 314-1, established by Electricité de France.
The purchase contract referred to in R. 361-4 may specify the terms and conditions for compensation due to the producer's termination of the contract 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 R. 361-4, 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 time; a purchaser is established.
Orders of Ministers responsible, respectively, for the economy, energy, agriculture and the overseas, taken after the Energy Regulatory Commission and after the advice of the Higher Council of Energy and, after notice, set out the conditions for the purchase of electricity produced by the installations under the 7th of Article L. 314-1. 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 compared to the use of fossil fuels, in particular the cost of CO2 emissions avoided;
4° The duration of the contract;
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 the latter 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.
This title does not include regulatory provisions.
For the purpose and for the purposes of this section, the storage capacity is the useful volume of storage in an underground storage site, with a welding flow and injection flow, and the customer is a consumer who has effectively entered into one or more contracts for the supply of a gas consumption site connected to a transportation or distribution network for a specified period of time.
Access to underground storages of natural gas is carried out subject to the security, environmental and technical constraints on the use of these storages.
The use of underground natural gas storage is primarily open to transport network managers and natural gas underground storage operators for the proper operation and balancing of transport networks connected to these storages.
The remaining storage capacity, which is open under the conditions set out in section R. 421-6, is assigned to suppliers authorized under Chapter III of heading IV of this book or to their agents to meet, as a matter of priority, the gas requirements:
1° Domestic customers including households residing in a collectively heated residential building;
2° Other clients when they carry out missions of general interest;
3° Customers who have not contractually accepted a switchable supply;
4° Linked to other public service obligations under Article L. 121-32, including the provision of last appeal;
5° Customers who have contractually accepted a switchable supply;
6° Resulting from natural gas transit contracts concluded before 1 July 2004;
7° As a result of bilateral agreements concluded by France with a Member State of the European Union or a Member State of the European Free Trade Association.
When a supplier reserves storage capacity pursuant to sections R. 421-3 and R. 421-19, the transport network manager to whom the storage is connected assigns, upon request, the firm input and output capacities at the point of connection between the transport network and the storage site corresponding to the firm injection and welding capacities it has reserved, within the limits of the physical constraints of the transport network.
In the event of congestion, the transport network manager distributes the available capacities at the point of connection between the transport network and storage sites in a transparent and non-discriminatory manner.
The competent authority to determine the order of priority referred to in 2° of section L. 421-14 is the Minister responsible for energy.
Distribution network managers affect any end-customer connected to their network a specific consumption profile based on the characteristics of their consumption. They communicate to each supplier the consumer profile of their customers. The latter makes it known to its customers who ask for their consumption profile. Distribution network managers make public the method of assigning consumer profiles to end customers.
Each consumption profile is associated with a unitary storage right calculated for an annual reference consumption of 1 gigawatthour (GWh), expressed in useful volume and in advanced welding flow.
A Minister of Energy Order sets out the different consumption patterns and defines the corresponding unit storage rights.
The right of storage corresponding to a customer connected to a public distribution network is derived from the product of its annual reference consumption, as indicated by the network manager to which it is connected, by the unit law corresponding to its consumption profile.
For each customer connected to a transport network, storage rights are calculated from its consumption history. An Energy Minister's order specifies the calculation methodology.
Subject to the provisions of section R. 421-10, the right of access to the storage capacity of a supplier is equal, for each of the balancing areas determined in the order set out in section R. 452-2, to the sum of the storage rights of the customers that the supplier feeds and that are located in that area.
Each supplier who wishes to reserve storage capacity to supply the customers referred to in R. 421-3 shall forward its application to an underground natural gas storage operator. This request includes, for each balancing area:
1° The access rights to the storage capacity available to it, based on data provided by network managers;
2° The level of storage capacity it wishes to reserve.
These capabilities are attributed by natural gas storage operators in compliance with the allocation regulations defined in section R. 421-11.
Underground natural gas storage operators provide each month to the Minister responsible for energy, for each supplier or agent and by storage or storage or storage grouping, the reserved capabilities for customers referred to in R. 421-3 and the level of stock on the last day of the previous month.
Any supplier may transfer to its own supplier the storage rights of each of its customers. He then informed the minister responsible for energy.
Any supplier may reserve, beyond its storage rights, storage capacities for unused rights that are still available. An Energy Minister's order determines, as appropriate, the modalities for determining these capabilities, which are said to be "restituable".
These capabilities can be reassigned to suppliers:
1° Until the last day of February, to satisfy all their access rights to storage capacities as defined in Article R. 421-6;
2° From 1 March to 31 October, only to meet their newly acquired storage rights, if any, since the previous assignments and the storage rights required to cover their obligations to hold stocks and capacities under Article R. 421-15.
The storage capacity available as of March 1 and which is not likely to be reassigned between March 1 and October 31 is considered to be surplus and used in accordance with section R. 421-19.
Reassignable capacity reassignment rules are specified by the underground storage operator, in the regulation setting the conditions for the allocation of storage capacity provided for in R. 421-11.
The natural gas underground storage operator shall inform the Minister responsible for Energy of the reassignment of capabilities under this section.
When the capacity marketed by an underground natural gas storage operator is no longer sufficient to respond to requests for the reservation of capacity to supply customers referred to in R. 421-3, the operator shall promptly inform the Minister responsible for energy.
As a precautionary measure, the storage operator reduces the reserved storage capacity of each supplier in proportion to the useful volumes reserved, taking into account the order of priority established for meeting the needs listed in R. 421-3.
In the case of a shortage of all the storage capacities of the underground storage operators of natural gas, supplier rights are reduced as necessary by ministerial order so that the sum of the storage rights allocated in volume and welding flow is equal to the available capacities once the needs defined in the first paragraph of Article R. 421-3 are met.
Each natural gas underground storage operator that operates at least two storage sites submits to the Minister for Energy, no later than November 1, a proposed regulation setting out the conditions for the allocation of storage capacity taking into account their physical availability. This regulation must allow any supplier to reserve capabilities in storages or storage groups existing in the balancing area where its customers are located, under conditions to meet their needs. It specifies the list of storage products that can be allocated under rights and their marketing schedule.
If the Minister for Energy considers that this proposed regulation does not achieve the objective set out in the first paragraph, or that its application may affect the fluidity or security of supply of the gas market, the Minister requests the natural gas underground storage operator to amend it. The Minister has a one-month deadline to submit a new proposal to the Minister for Energy.
Each storage manager makes public its allocation rules on its website.
Each underground natural gas storage operator makes publicly available the available storage capacity on its website every week, by distinguishing the replenishable capacity and the excess capacity, by site or grouping of storage sites it operates, in volume and welding flow, as well as the level of gas stocks.
The administrative authority to which contracts and protocols relating to access to underground storage of natural gas are transmitted under the second paragraph of section L. 421-9 is the Minister for Energy.
In order to meet the obligations of supply continuity imposed from November 1 to March 31 of each year, as defined in section R. 121-47, any supplier is required to estimate the consumption of its customers based on their consumption profiles and extreme cold constraints determined by the Minister responsible for energy.
As of 31 October of each year, the volumes of gas stored by a supplier and the associated welding flow rates may not be less than 80% of the sum of the storage rights in useful volume and welding flow, as defined in article R. 421-6, of those of its customers referred to in article R. 121-47 connected to the distribution network.
In order to ensure compliance with the obligation referred to in the first paragraph, it is associated with an obligation to hold the storage capacity acquired under the rights, in a useful volume and in a state-of-the-art withdrawal flow, corresponding to the obligation to hold stocks.
The transfer of storage rights under section R. 421-8 entails the transfer of associated obligations for holding stocks and holding storage capacity. The estimation of these obligations associated with transferred storage rights is the responsibility of the supplier that cedes storage rights.
Each supplier that supplies customers referred to in section R. 421-3 shall, no later than May 1 of each year, issue a statement stating that it is in a position, on the one hand, to ensure the supply of its customers under the conditions set out in section R. 121-47 and, on the other, to meet its stock and storage capacity obligations set out in I and II.
This statement includes:
1° Annual reference consumption of all customers;
2° Consumption of all its customers in case of extreme cold stress;
3° Customer storage rights that this supplier supplies;
4° Storage rights of customers powered by other suppliers and transferred under section R. 421-8;
5° The storage capacities subscribed to in France, specifying the rights;
6° Elements to assess its procurement policy and other modulation instruments available to it, in accordance with the provisions of a Minister of Energy Order.
These elements listed above are provided by balancing area. They are recognized as of 1 April and estimated at 31 October.
For customers connected to a distribution network, the elements are provided by consumption profile.
In the light of this statement, the Minister for Energy may, when he considers that the storage capacity held by a supplier is insufficient to ensure compliance with the requirement set out in the first paragraph of section R. 421-15, the Minister will continue to use additional storage capabilities, within the limits of his right of access to storage capacity and taking into account the other modulation instruments available to him. These additional storage capacities must be subscribed within two months of the retention.
Each supplier that feeds customers referred to in section R. 421-3 shall, by December 1 of each year, notify the Minister of Energy of an update of the statement provided for in the first paragraph of this section on the basis of the findings made as of October 31.
The lack of knowledge of the provisions of Article R. 421-15 is subject to the penalties provided for in the second paragraph of Article L. 421-4.
The value of the stocks that are lacking, used to determine the amount of the monetary penalty provided for in the second paragraph of Article L. 421-4 is calculated on the basis of the daily price of natural gas in France the highest of the six months preceding the date of the default.
Where suppliers' access rights to storage capacity, as defined in R. 421-6, are satisfied, the excess storage capacity is marketed in transparent and non-discriminatory conditions.
The possibility of using these capabilities is guaranteed provided that it does not limit the possibility for all suppliers to have, until the last day of February of each year, the storage capacity under their access rights to storage capacities defined in R. 421-6.
The use of storage capacity resulting from the modification of existing facilities or the commissioning of new facilities that remain available once the storage needs defined in section R. 421-3 are met may be authorized, by derogation from the storage access rules set out in particular in sections R. 421-3, R. 421-6, R. 421-7, R. 421-9 and R. 421-11, subject to the conditions set out in Chapter 2.
The main purpose of the gas pipelines under the public service mission defined in Article L. 121-32 is to supply:
1° Public gas distribution channels;
2° Other gas transport pipelines;
3° Underground gas storage.
They may be complementary to the direct supply of industrial or commercial enterprises.
The transport pipelines that were commissioned before July 1, 2012, linking two public gas distribution networks to each other and cross the territory of municipalities that do not have such distribution, are subject to the provisions of Book V of the Environmental Code.
The easements attached to the presence of a pipeline whose operation under the gas transport activity ceased may be transferred to the benefit of the new operator of this pipeline under the distribution activity.
The gas transmission lines under the public service mission defined in Article L. 121-32 are subject to the provisions of Chapter V of Book V of the Environmental Code and to the additional provisions of this Article.
The licensee shall, at the request of the Minister responsible for energy on the basis of the general interest, be required to ensure the carriage of gas within the limits of the available capacity of its pipelines and subject to the fact that the gas with respect to the obligations arising from the licensee's contracts with the connected customers.
This additional use is temporary. It can only continue as long as the residual capacity of the licensee's facilities does not become necessary to cope with the increase in supplies to connected customers.
The Minister responsible for energy may, for a public interest reason, require the removal of any part of the authorized works or the modification of the provisions or layout. Any compensation payable to the holder of the authorization shall be determined by the competent courts, if the obligations and rights of the holder are not settled by a particular convention.
In the event of an accident or incident leading to the slowing or stalling of certain gas supplies on a gas transport network, the licensee shall urgently take all appropriate restrictions and submit them immediately to the Minister for Energy and to the relevant prefect.
The temporary release of a gas transmission line in the event of an emergency provided for in Article L. 555-18 of the Environmental Code or the suspension of the operation of such a pipeline provided for in 3° of II of the same Article may be accompanied by requirements to ensure compliance with obligations related to the continuity of public service.
The competent authority to impose sanctions in accordance with Article L. 431-2 is the Minister responsible for energy.
The application for approval under section L. 432-6 shall be sent by registered letter, with acknowledgement of receipt, to the Minister for Energy.
The company provides, in support of its application, a file written in French, including, on the one hand, a legal, economic and financial presentation of the company and, on the other, a technical brief describing its human and technical means.
The submission file includes:
1° A proof of registration in the business register and companies of the company or at least one of its establishments, or any other legal document referring to the jurisdiction and geographic scope of action for the boards;
2° Its statutes, the name and quality of the signatory of the application for approval and the indication of the service or management that will be responsible for the management of the public distribution network;
3° Where applicable, a presentation of the company's experience in the gas sector;
4° A note outlining the company's development project in the gas distribution activity;
5° Certified annual results and balances of the last three fiscal years justifying equity of at least one million euros;
The technical memory justifies that the company has a suitable organization and qualified personnel, enabling it to comply with the safety rules for the distribution of fuel gas by pipelines and to design, build and operate a public distribution network of fuel gases. The company also specifies the technical and material means and premises available or planned to be disposed of, as well as the nature of the gas it wishes to distribute.
An Energy Minister's order specifies, as appropriate, the requirements mentioned in the previous paragraph.
The file of presentation of a board is composed of the documents mentioned in 1°, 2°, 3° and 4° of the presentation file as well as the technical memory.
The Minister responsible for energy issues or, by reason of decision, refuses approval given the company's technical, economic and financial capabilities.
The silence kept by the Minister for more than six months from the receipt of a complete record is a decision to reject.
The licence mentions, in addition to the company's social reason or the statutory purpose of the board, the service or management responsible for the management of the public distribution network, the type of gas that can be distributed as well as the service area.
It is published in the Official Journal of the French Republic.
A registered company or board is required to report to the Minister of Energy without delay any substantial changes in his or her social, organization, personnel and activities.
The public service obligations of the gas distribution network operators set out in sections R. 121-11 to R. 121-13 of this code and the provisions of title V of Book V of the Environmental Code are binding on companies and licensed operators regardless of the nature of the gas they distribute.
They communicate every three years to the Minister for Energy the information requested at 1°, 2°, 4° and, if applicable, at the last paragraph of section R. 432-1. Information on the human and technical means provided for in this same article is provided in three copies, provided that a significant change has taken place.
Companies and licensed gas distribution authorities shall, each year, provide the Minister for Energy with information on their activities under sections L. 142-1 and L. 142-2. These data specify the length of the public gas distribution networks they operate, their location and the nature of the gas distributed.
The Minister for Energy may, by reason of decision, restrict, suspend or withdraw the approval, including in the following cases:
1° Failure, in particular, to comply with public service obligations to operators of gas distribution networks, as provided for in articles R. 121-11 to R. 121-13 of this Code and the provisions of title V of Book V of the Environmental Code;
2° Failure by the gas distributor of the provisions of articles L. 431-3, L. 431-6, L. 432-11, L. 432-12, L. 433-14, L. 441-3 and L. 453-4;
3° Non-compliance with the provisions of title V of Book V of the Environmental Code and the decrees taken for their application;
4° Non-compliance with reporting obligations to the Minister for Energy, as provided for in sections R. 432-4 and R. 432-5;
5° When three years after the issuance of the licence, the company does not operate any public gas distribution network or is not in the process of carrying out a public gas distribution network;
6° Non-compliance with the criteria that presided over the issuance of the licence.
When one of these breaches is found, a remedial step is addressed to the company or the board. If it does not comply with the deadline, the decision to restrict, suspend or withdraw the licence may be made after the company or the company has been, except in the event of an emergency, invited to make its observations.
Are deemed to be approved under this subsection and, as such, are subject to all of the obligations and controls that it provides:
1° Gas distribution undertakings referred to in Article L. 111-54;
2° Companies and regulated gas distribution beneficiaries of an approval issued before 5 May 2007 pursuant to Decree No. 99-278 of 12 April 1999 implementing Article 50 of Act No. 98-546 of 2 July 1998 and relating to gas service.
When they decide to concede the distribution of natural gas and that the gas connection operation cannot be carried out under economic conditions ensuring a profitability at least equal to the level determined by the Minister responsible for energy pursuant to Article L. 432-7, a municipality, a public inter-communal cooperation institution or a mixed union that does not have a natural gas distribution network, in order to compensate for the public service obligations, in particular,
The amount of the financial contribution paid may not exceed the portion of the costs incurred by the performance of public service obligations, not covered by forecast revenues and remaining at the expense of the network manager, increased by a reasonable benefit for the performance of these obligations.
If a compensation for public service charges is contemplated, the municipality, the public inter-communal cooperation institution or the joint union must indicate, in the insertion provided for in section R. 1411-1 of the general code of territorial authorities, the parameters on which this compensation is calculated.
Without prejudice to the provisions of 1° and 2° of Article L. 2224-2 of the General Code of Territorial Communities, the municipality, the public establishment of intercommunal cooperation or the mixed union on the territory of which a natural gas distribution network has been granted may make a contribution to the manager of the gas distribution network to finance a portion of the costs related to the connection of one or more customers to the network, under the conditions set out in sections R. 453-4
The amount of the financial participation paid to compensate for public service charges on the network manager may not exceed the portion of the costs incurred by the performance of public service obligations, not covered by forecast revenues and remaining at the expense of the network manager, increased by a reasonable benefit for the performance of these obligations, taking into account, as appropriate, the participation of the applicant(s).
The deliberative assembly of the commune, the public inter-communal co-operation institution or the joint union specifies the project it subsidizes and the amount of the financial contribution it grants under sections R. 432-8 and R. 432-10, as well as the possible conditions of its participation. She makes her decision public.
The administrative authorities referred to in section L. 432-12 are the Minister for Energy and the Energy Control Board.
Applications for the purpose of the declaration of public utility of the gas works for the establishment of bonds without recourse to expropriation are instructed under the conditions determined by the provisions of Articles R. 433-2 to R. 433-4 with respect to public gas distribution works.
The application for a public utility declaration is addressed to the prefect of the department(s) where the works must be implemented.
The application is accompanied by a file including:
1° A map at 1/10 000 on which the layout of the planned pipelines and the location of the other existing main structures or to be created, such as sectioning or relaxing posts;
2° A descriptive brief indicating the general provisions of the books and mentioning the existing or in-training concession to which they relate or the commitment to file a concession request within two months of the time;
3° An environmental impact assessment when required by the environmental code.
The prefect conducts the investigation of the application.
The application for public utility is advertised in two local newspapers at the applicant's expense.
In all cases, the Prefect seeks the advice of interested civilian and military services, mayors and, where appropriate, the conceding authority. He shall give them the time limit for their decision. This deadline is one month for public distribution works and two months for other works. However, in the latter case, the time limit may, in the event of an emergency, be reduced without being less than one month. In the absence of a response within the time limit, it has gone beyond and the instruction is continued.
The prefect shall forward the results of the consultations to the applicant who may make comments.
The declaration of public utility is pronounced by prefectoraL order. For works to be established in the territory of several departments, the declaration of public utility is issued by joint decree of the prefects of the departments concerned or in the event of disagreement, by order of the Minister for Energy.
The servitudes established following the declaration of public utility imposed under the conditions provided for in subsection 1 are subject to the regime provided for in sections R. 323-7 to R. 323-14.
The establishment of temporary occupation servitudes remains governed by the Act of 29 December 1892 on damage to private property by the execution of public works.
With a view to the establishment of servitudes, the petitioner notifies the provisions proposed to the owners of the funds concerned by the works.
In the event of disagreement with at least one of the interested owners, the procedure provided for in sections R. 323-9 to R. 323-12 is applied.
Upon receipt of the file referred to in R. 323-12, the Prefect shall forward it to the Petitioner who shall examine the comments made and, where appropriate, amend the draft to take them into account.
If the modifications to the project are made by new or aggravated bondage, the provisions of Article R. 433-6 shall be applied for these new servitudes and, if necessary, those of Articles R. 323-9 to R. 323-12.
The servitudes are established by prefectural order.
This order is notified to the petitioner and posted to the City Hall of each of the municipalities concerned.
It is notified by the petitioner by registered letter with a request for notice of receipt to each interested owner.
After the completion of the formalities referred to in R. 433-13, the petitioner is authorized to exercise the servitudes.
The owner of a land encumbered with easements must, before undertaking any demolition, repair, elevation, fence or building mentioned in section L. 323-6, notify the owner by registered letter, at least one month before the start of the work, of the manager of the public distribution network concerned.
Allowances due to easements are paid to the owner.
In the absence of an amicable agreement between the petitioner and the interested parties, these allowances are fixed by the expropriation judge.
The notice or posting fees incurred during the course of the instruction of public utility claims and in connection with the establishment of servitudes are the responsibility of the petitioner.
Carriers and distributors of natural gas, operators of liquefied natural gas installations and holders of natural gas storage concessions develop the technical requirements referred to in articles L. 433-13 and L. 453-4 to be met by gas operators and suppliers.
These requirements must ensure the interoperability of networks and allow no discrimination in terms of access to networks. They are intended to ensure the safety of individuals and goods, the protection of the environment and the safety of operation of the networks, in accordance with the rules set out in Articles R. 431-1 and R. 431-2, Articles R. 432-1 to R. 432-7 and the provisions of Title V of Book V of the Environmental Code.
The technical requirements relate to:
1° The design and construction characteristics of the pipes: nature of the materials, diameter, length, maximum working pressure;
2° The characteristics of the connecting structures: nature of the materials, method of assembly, nature of the safety equipment;
3° The characteristics of the counting equipment;
4° The required characteristics of the gas at the points of entry in the networks as well as at the connections to the various installations: composition of the gas, superior calorific power, combustion ability, temperature, pressure, purification, odor;
5° Operating, controlling and maintenance conditions for facilities;
6° Intervention procedures.
Any operator referred to in section R. 433-14 who requests, as a new petitioner, an authorization for the carriage of natural gas, an authorization for the operation of liquefied natural gas installations, an approval for the distribution of natural gas or a storage concession shall establish a draft of the technical requirements for connection to its facilities which it shall notify the approved gas standardization office and the Minister for Energy. This project is made available to any interested person on the operator's website.
Within two months of the transmission to the Minister of Energy, the operator shall provide a summary report of the observations collected, together with any modifications to the project or reasons for which comments have not been retained. If necessary, the Minister may request the operator to carry out its costs with additional expertise of the draft technical requirements.
In the event that the injection is planned in a gas network other than natural gas, the Minister of Energy may entrust an accredited body with expertise to establish that this injection does not pose a risk to public health, environmental protection and safety of facilities.
The Minister responsible for Energy notifies the draft technical requirements to the European Commission, in accordance with the provisions of Directive 98/34/EC of the European Parliament and the Council of 22 June 1998 providing for an information procedure in the field of technical standards and regulations and rules relating to the services of the information society. Upon expiry of the deadlines set out in section 9 of this directive, the Minister shall notify the operator of the decision of the European Commission. Where applicable, the Minister may require the operator to adapt his or her project within a period of three months.
Each operator referred to in Article R. 433-14 shall make public the technical requirements for connection to its facilities by sending them to the approved gas standardization office and to interested bodies and publishing them on its website. A copy is provided to the Minister for Energy. These requirements are made by the operator at the disposal of any other operator or customer who makes the request.
When an operator referred to in R. 433-14 wants to make a substantial change to the technical requirements already notified, the operator shall notify the Minister responsible for energy in advance. It cannot follow up on its proposed amendment before the expiry of a three-month period during which the Minister may decide to notify the European Commission under the conditions set out in section R. 433-16.
In order to take into account the entry into force of a new regulation, the operator must, under the conditions set out in Article R. 433-16, update its technical requirements.
Any other changes are subject to an update of the operator's website.
The operators referred to in Article R. 433-14 shall be liable to the penalties provided for in Article L. 431-2, which do not comply with the provisions of this subsection and to suppliers that do not comply with the technical requirements for the facilities to which they are connected.
To be authorized to perform all or part of the expertise provided for in section L. 433-14 of the Energy Code, the control body must file a file with the Minister responsible for Energy.
The file indicates the area of expertise for which the authorization is requested. It includes a description of all the human and material means and skills available to the organization in the field for which the empowerment is requested and its organization. Accreditations, certifications or other justifications relating to its expertise in this area or related areas are attached to the file.
The applicant must provide the statutory and contractual documents relating to its potential links with operators operating in the field for which the authorization is requested. It must undertake in writing to ensure the confidentiality of the information collected during or during its expertise, except in respect of the administrative authority that requested them and the owner of the work.
Enabling is issued by the Minister for Energy for a period of three years, renewable under the same procedure. It specifies the categories of expertise for which it is granted.
The silence kept by the minister for more than four months on a request for empowerment is a decision to reject.
Enabling may be restricted or withdrawn by the Minister responsible for energy when the organization ceases to meet the conditions under which the authorization was issued and after the organization has been able to present its observations. In the event of an emergency, the authorization may be suspended for a period not exceeding six months.
Authorized agencies are subject to the control of the Department of Energy.
They report to the Minister of Energy, by March 31, each year, on the activity carried out in the previous year.
The competent authority to take the initiative of the expertise carried out under section L. 433-14 is, as the case may be, the Minister for Energy or the Prefect.
The competent authority to address the stay referred to in the first paragraph of Article L. 433-16 and to take the measures provided for in the second paragraph of the same Article shall be the prefect.
The competent authority to take the measures set out in the first paragraph of section L. 433-17 is the Minister responsible for energy.
The characteristics of the information to be transmitted pursuant to the third paragraph of Article L. 433-19 and the modalities of this transmission are contained in chapter IV of title V of Book V of the Environmental Code.
For the purposes of Article L. 441-1, any end-user of natural gas is free to choose their supplier for each of its natural gas consumption sites.
The gas consumption site is constituted by the establishment, identified by its identity number on the national directory of companies and establishments, as defined by articles R. 123-220 to R. 123-234 of the trade code, or, if not, for sites that are without such a number, by the place of consumption of the gas.
The competent authority to issue the authorizations provided for in sections L. 443-1 and L. 443-4, to transfer them pursuant to section L. 443-3, to request the communication of the supply forecast plan pursuant to section L. 443-6 and to address the relocation and take the measures provided for in section L. 443-8 is the Minister for Energy.
The application for the supply authorization provided for in section L. 443-1 is addressed, dated and signed, by registered letter with acknowledgement of receipt, to the Minister responsible for energy, together with a record that includes:
1° Information relating to the applicant:
(a) Its name, registration in the register of trade and companies, its statutes, the extract of the K bis register and Bulletin No. 3 of the judicial record of its leader or equivalent documents for operators located outside France; the quality of the signatory of the application, the composition of its shareholder and its intra-community VAT number;
(b) The annual results and balances of the last three fiscal years or any equivalent accounting document for companies located in the territory of a Member State of the European Union or another State Party to the Agreement on the European Economic Area or any other equivalent effect agreement, or any document justifying complementary capacities or financial guarantees for companies created for less than three years;
(c) Description of its industrial and commercial activities, particularly in the field of energy;
(d) The general terms of the contracts established by the applicant according to the categories of customers he wishes to supply;
2° Information on the supply activity requested by the applicant and justifying its technical and economic capabilities:
(a) The categories of customers to which they wish to address by distinguishing between gas suppliers and consumers, and among them, between domestic customers, non-domestic customers providing a mission of general interest and other non-domestic customers, indicating those who will, if any, be directly connected to transport networks;
(b) The size of the market covered by categories of customers and the area(s) of their territorial locations;
(c) The human and material means available to the applicant or that it undertakes to implement to ensure its supplier activity in the French market and the organization of these means;
(d) The commercial characteristics of its project and its place on the French and European market at the maturity of five years;
(e) Its planned five-year gas supply plan and, where applicable, the detention of long-term contracts and the evidence that it is able to collect sufficient availability in volumes of gas and in maximum transport and time flow capabilities to ensure under the conditions set out in R. 121-44:
- the gas supply of the above mentioned customers that it plans to feed;
- the balance of gas supplies at the network entry and exit points;
- compliance with the gas specifications as a network user, in accordance with its public service obligations under articles R. 121-44 to R. 121-63;
- for each contract of more than one year: the name and nationality of the supplier(s), the starting and end dates, the origin of the gas, the total volumes provided, the maximum daily volumes provided, the agreed delivery points or points;
(f) If applicable, the name of its balance sender;
3° The terms of warranty contracts and reinsurance contracts with other suppliers subscribed by the applicant in the event of the disappearance of one or more of its gas supply sources, as well as any other provision to ensure continuity of supply, including by:
(a) Additional purchases of gas from other sources of supply;
(b) Use of gas storage;
4° For suppliers carrying out their activities using direct driving, the consumer site that the applicant intends to supply with this pipeline.
When the application for authorization comes from a final consumer who, due to the specific characteristics of his industrial activity, to which he must justify in his application, carries out occasional operations or accessories for the sale or exchange of gas with another final consumer located nearby, only the information and parts mentioned in a and c of the 1st of Article R. 443-2 are required. A copy of the gas exchange or sale contracts between the parties must be attached, however, as well as estimates of volumes purchased, sold and exchanged for the current year and the following three years and, if applicable, the name of its balance shipper.
The volume of gas exchanged or sold in a calendar year cannot exceed the volume of gas consumed directly by the licensed company.
An industrial customer directly connected to the natural gas transport network may request a limited supply authorization for occasional operations or accessories for the purchase and sale of gas at the gas exchange points of the French territory for the purposes of its industrial activity.
The application for this authorization is accompanied by the documents mentioned in a and c of 1° of Article R. 443-2, estimates of volumes of consumption for the current year and the following three years and, if applicable, by the name of its balance consignor.
The volume of gas exchanged or sold in a calendar year cannot exceed the volume of gas consumed directly by the licensed company.
The Minister for Energy shall issue or refuse the authorization to supply gas within three months from the date of receipt of the full application for authorization. In accordance with the provisions of articles L. 121-32 and R. 121-44 to R. 121-63, the authorization refers to the public service obligations that are the responsibility of the public service. It specifies the categories of customers that it can supply.
The silence kept by the Minister responsible for energy for more than three months is a decision to reject.
The authorized supplier who wishes to address other categories of customers that are the subject of its authorization submits a new request for a supply authorization to the Minister responsible for energy, justifying its technical and economic capacity to provide these new customers with gas. Its file must include the additional parts provided for in 2° and 3° of article R. 443-2. The new authorization is issued or denied by the Minister for Energy under the conditions defined in the preceding two paragraphs.
When the holder of a supply authorization transfers its supplier trade fund to another operator to supply the same categories of customers, the licensee and the new applicant apply to the Minister of Energy for the transfer of the supply authorization. This application includes, with respect to the new applicant, any information necessary to update the information and parts referred to in R. 443-2. The Minister for Energy authorizes or refuses the transfer under the conditions set out in the third paragraph of section R. 443-5.
The holder of a supply authorization shall communicate to the Minister responsible for energy, each year before March 1, or at the request of the Minister, the information referred to in section L. 142-1, and, as the case may be, the updating of the items requested in section R. 443-2, or the volume estimates referred to in sections R. 443-3 and R. 443-5.
Authorized suppliers are required to inform the Minister responsible for energy of any substantial changes to the conditions of their activity. In particular, they must inform them of the modification of the composition of their reference shareholders, as soon as they are informed, and of their social reason or address, at the latest when the amendment comes into force.
At least three months before it ceases to operate, the licensee shall inform the Minister of Energy of its intention. It indicates the conditions for this cessation of activity.
The Minister for Energy shall issue the authorizations issued by extracts to the Official Journal of the French Republic. These extracts specify the categories of customers for which authorizations are issued.
The competent authority to impose the sanctions under section L. 443-12 is the Minister responsible for energy.
The Minister for Energy may issue the suspension or withdrawal of the authorization:
1° If the conditions provided for in Article L. 443-1 are no longer met;
2° If the obligation to provide the data referred to in Article L. 142-1 is no longer respected;
3° If the public service obligations set out in sections R. 121-44 to R. 121-63 that are the responsibility of the licensee are no longer complied with.
The withdrawal or suspension may be limited to certain categories of customers.
The withdrawal or suspension shall be pronounced after the supplier has been restrained to discontinue the breach within a specified period of time, has received notification of the grievances and has been allowed to consult the file and to present his written or oral submissions, assisted, if any, by a person of his or her choice.
However, in the event of a serious breach involving the integrity or security of the networks, the Minister for Energy may issue the immediate suspension of the supply authorization.
The officials and officers referred to in Article L. 142-21 are responsible for monitoring compliance with the provisions of this chapter.
The penalties provided for in Article L. 142-31 shall be imposed on gas suppliers, in breach of the provisions of Article L. 121-32 and the provisions of this chapter.
This chapter does not include regulatory provisions.
The prescribed rates of sale, excluding taxes, of natural gas are determined under the conditions defined in this section:
1° From the supplier referred to in Article L. 111-68;
2° Suppliers referred to in Article L. 111-54 and Article L. 2224-31 of the General Code of Territorial Communities;
3° Total Energy Gaz.
Regulated natural gas sales rates cover natural gas supply costs and non-supply costs.
They include a variable share of actual consumption and a lump sum calculated from the fixed costs of supplying natural gas that may also take into account the amount consumed, subscribed or reserved by the customer and the conditions of use, including the distribution of the quantities requested during the year.
For each supplier is defined a tariff formula that translates the full supply costs of natural gas. The tariff formula and non-supply costs determine the average cost of supplying natural gas from which the regulated rates of sale of natural gas are fixed, depending on the terms and conditions of service to the customers concerned.
Non-supply costs include:
1° The costs of using natural gas transport networks and, where applicable, public natural gas distribution networks, resulting from the application of the gas infrastructure usage rates set by the Energy Control Board;
2° The costs of using natural gas storage, if any;
3° The commercialization costs of the services provided, including a reasonable commercial margin.
The out-of-stock cost assessment methodology for each supplier is specified by order of Ministers responsible for the economy and energy, after the opinion of the Energy Control Board.
Each year, the Energy Control Board conducts a detailed analysis of all natural and non-supply gas supply costs. Commercialization costs may be, in the event of data unavailability, estimated from averages. The Energy Control Board, in particular, incorporates in its analysis the potential for optimizing the supply portfolio of each supplier over the past period. It may propose to Ministers responsible for energy and the economy to review the tariff formula or the methodology for evaluating non-supply costs, in order to take into account the changing costs in tariffs. It gives the Government the results of this analysis and makes them public, in accordance with the secrecy of cases, by 15 May.
The tariff formula is set by order of Ministers responsible for the economy and energy, if any on the supplier's proposal, after the opinion of the Energy Control Board.
Each supplier makes accessible and understandable by the public, by any appropriate means, the determinants of its tariff formula and the modalities for calculating the evolution of supply and non-stock costs, within the limits authorized by business secrecy.
For each supplier, an order of Ministers responsible for the economy and energy taken after the advice of the Commission for the Regulation of Fixed Energy, following the detailed analysis submitted by the Commission, provided for in the seventh paragraph of Article R. 445-3, and no later than 1 July, the scales of the regulated tariffs from, where applicable, the supplier's proposals.
These scales are re-examined and revised if necessary, after the opinion of the Energy Control Board and, where appropriate, from the supplier's proposals, based on the evolution of the tariff formula as well as the evolution of non-supply costs, taking into account the modifications made pursuant to the first paragraph of section R. 445-5.
In order to render its opinion, the Energy Control Board relies in particular on the accounting elements produced by the supplier, in accordance with section L. 111-88.
The supplier amends, on a frequency defined by order of Ministers responsible for the economy and energy and at the maximum once a month, until the intervention of a new tariff order made under section R. 445-4, the scales of its regulated tariffs by affecting the changes in the natural gas supply costs, as they result from the application of its tariff formula, except for the Prime Minister The repercussion of changes in the cost of supply in euros per megawatt hour is made in a uniform manner on the different scales and applies to the variable share, unless otherwise provided by the order referred to in R. 445-4.
Before making such a change, the supplier shall refer the Energy Control Board to a scale proposal, together with information to justify it, to verify compliance with the tariff formula or, where appropriate, with the provisions provided for in the decree referred to in the fifth paragraph of this article.
The supplier may not apply the change before the expiry of a period of twenty days from the seizure of the Energy Control Board.
Ministers responsible for the economy and energy are promptly informed by the supplier of its proposed scales and by the Energy Control Board of its opinion.
In the event of an exceptional increase in the prices of petroleum products or natural gas market prices, over the last month or over a cumulative period of three months, the Prime Minister may, before the expiry of the period provided for in the third paragraph of this section, and after the opinion of the Energy Regulatory Commission, oppose the proposal by decree and establish new scales. The Order specifies the terms and timing, which may not exceed one year from the date of its entry into force, rate upgrades to the tariff formula and the repercussion of amounts not collected during the period under review. It specifies the conditions under which the supplier is authorized to amend its regulated tariffs until the intervention of a new tariff order under section R. 445-4.
The provisions of Articles R. 445-3 to R. 445-5 are specified, as necessary, by order of Ministers responsible for the economy and energy.
The suppliers referred to in R. 445-1 clearly and legiblely display the scales of their regulated tariffs on their website. Suppliers also make available to the public the scales applicable in the previous two years.
The benefit of the special rate of solidarity applicable to the provision of natural gas, provided for in the first paragraph of Article L. 445-5, shall be open unless expressly refused on their part for their main residence to the natural persons entitled to the special pricing referred to as "first necessity product" pursuant to the first three paragraphs of Article R. 337-1.
The benefit of the special rate of solidarity provided for in the second paragraph of Article L. 445-5 of this Code, for the benefit of the managers of the social residences referred to in Article L. 633-1 of the Construction and Housing Code which are the subject of the agreement provided for in Article L. 353-1 of this Code, shall be open, upon request, under the conditions provided for in Article R. 445-21 of this Code.
When the natural person who is the recipient of the special solidarity rate is in possession of an individual natural gas supply contract, this rate is the result of a lump sum deduction on the contractually established supply price between the domestic client and its natural gas supplier. For natural persons referred to in R. 445-14, this tariff consists of a lump sum payment. Where applicable, deduction and lump-sum payments may be accumulated.
The lump-sum deduction referred to in the first paragraph shall not exceed the total amount of the annual natural gas invoice all taxes included. It is based on the consumption range and the number of consumption units that the foyeR has. The lump-sum payment referred to in the same paragraph is based on the number of consumer units that the household has.
The first or only person in the home is a consumer unit. Each other person in the household is a fraction of a consumption unit equal to the increase in the resource ceiling provided for in section R. 861-3 of the Social Security Code.
The composition of the home refers to the home as defined in article R. 861-2 of the Social Security Code when this information is known and dates less than eighteen months. Otherwise, the number of persons in the tax home subject to income tax, as defined in section 6 of the General Tax Code, may be retained.
The lump-sum deduction referred to in the first paragraph is equal, for each consumer range and for each consumer unit (or UC), to the values shown in the tables below:
| 1 UC | 23 | 72 | 123 |
| 1 < UC < 2 | 30 | 95 | 153 |
| 2 UC or + | 38 | 117 | 185 |
The value-added tax rate for this lump sum deduction is the normal rate set out in section 278 of the general tax code.
The lump sum payment referred to in the first paragraph, the function of the household consumption unit (UC), is equal to the following values:
| 1 UC | 100 |
| 1 < UC < 2 | 123 |
| 2 UC and + | 147 |
The deduction referred to in R. 445-21 is equal to €100 per unit per year.
The value-added tax rate for this lump sum deduction is the normal rate set out in section 278 of the general tax code.
The amounts of the deduction and lump sum payments may be reassessed within the limits resulting from the provisions of sections L. 121-35 to L. 121-43 by decree of ministers responsible for the economy, energy and social affairs after the advice of the Energy Regulation Commission.
The benefit of this fee is not an obstacle to obtaining aids of any kind provided for in Decree No. 2008-780 of 13 August 2008 relating to the procedure applicable in the event of unpaid electricity, gas, heat and water bills.
Natural gas suppliers who wish to do so designate an organization to identify those entitled to the special solidarity tariff, which acts on their behalf. This agency only communicates to suppliers the information that is strictly necessary for the identification of their customers.
Health insurance organizations shall communicate to the body acting on behalf of natural gas suppliers or, where appropriate, directly to natural gas suppliers, for the sole purpose of identifying individuals who may benefit from the special rate of natural gas solidarity, the information specified in the following paragraph.
The information provided by health insurance organizations is civility, first name, name, date of birth and address of natural persons referred to in Article R. 445-8 of this Code and the number of persons composing the home as defined in Article R. 861-2 of the Social Security Code. They are communicated at least once per quarter. No information transmitted by health insurance organizations may be retained for a period of more than nineteen months.
The tax administration shall communicate to the body acting on behalf of natural gas suppliers or, where appropriate, directly to natural gas suppliers, for the sole purpose of identifying individuals who may benefit from the special rate of natural gas solidarity, the information specified in the following paragraph.
The information provided by the tax administration is civility, first name, name, date of birth and address of natural persons referred to in section R. 445-8 as well as the number of persons composing the taxpayer home of income tax, as defined in section 6 of the general tax code. They are communicated once a year.
No information transmitted by the tax administration may be retained for a period of more than nineteen months.
Natural gas distribution network managers communicate to the agency acting on behalf of suppliers, at least every six weeks, the information necessary to identify potential natural persons who benefit from the special solidarity rate of each natural gas supplier.
This information is, for each count and estimate point: the civility, first name and name of the contract holder, if any, the name and name of the contract co-title, the number and address of the count and estimate point, the name of the supplier and the postal code, the name and the INSEE code of the municipality. No information provided by natural gas distribution network managers may be retained for a period of more than nine weeks.
- Based on the information referred to in Articles R. 445-12 and R. 445-13 and the preceding paragraphs, the body acting on behalf of natural gas suppliers or, where applicable, the natural gas supplier shall address to the customers identified as potential beneficiaries of the special rate of solidarity a certificate containing the references of their supply contract and their counting and estimation point and indicating that, unless expressly refused their part within a fifteen-day period of delivery
- This certificate informs the same customers of the transmission of the data as well as their access and opposition rights in accordance with Article 32 of Act No. 78-17 of 6 January 1978 on computers, files and freedoms.
For residential buildings collectively heated to natural gas, with the exception of the social residences referred to in the second paragraph of section R. 445-8, the contractors of the boilers communicate to the agency acting on behalf of these suppliers, or, where applicable, to these suppliers the number, address, postal code, name and INSEE code of the municipality of the buildings concerned, the contractual reference and They indicate, if any, the existence of other sources of energy than natural gas to fuel collective boilers.
Natural gas suppliers, if any, communicate to the agency acting on their behalf the number, address, postal code, name and INSEE code of the municipality of the residential buildings to which they provide the boiler, the date of commencement and termination of the contracts from the information provided by their contract partners in the supply contracts or in the requests for exemption of domestic gas consumption tax. They indicate, if any, the existence of other sources of energy than natural gas to fuel collective boilers.
Based on the information referred to in sections R. 445-12 and R. 445-13, the body acting on behalf of natural gas suppliers or, where applicable, natural gas suppliers send to persons identified as potential beneficiaries of the special solidarity tariff a letter containing the contractual references of their collective boiler and indicating that, unless expressly refused from them within fifteen days of the date of sending of this letter, the special rate of solidarity shall be applied. This mail informs the same customers of the transmission of data as well as their access and opposition rights in accordance with Article 32 of Law No. 78-17 of 6 January 1978 on computers, files and freedoms.
Except in the cases under section R. 445-21, the body acting on behalf of natural gas suppliers or, where applicable, the natural gas supplier, for its commercial activity area, addresses to potential natural persons who benefit from the special rate of solidarity that could not be identified or as having an individual contract of supply of natural gas, or as being collectively heated to natural gas a certificate, accompanied if any by a letter
1° From their rights to the special rate of solidarity;
2° Number of units of household consumption;
3° The existence of the "TSS interlocutor" and the "TSS Green Number";
These persons return this certificate to the body acting on behalf of natural gas suppliers or, if any, to the natural gas supplier, after completing it with the references of the natural gas supply contract, the name and contact details of the supplier and, possibly in the case of a collective boiler, the indication of the existence of its supply by other sources of energy than the natural gas. This duly completed certificate is kept in digitized form for a period of nineteen months from the date of receipt.
All useful precautions to preserve data security and confidentiality are taken. Agents or employees responsible for collecting and exploiting this data are required to have a confidentiality obligation.
Those concerned are informed of the transmission of data concerning them to electricity providers or to an organization acting on their behalf, as well as of their access, rectification and opposition rights in accordance with article 32 of Act No. 78-17 of 6 January 1978 on computers, files and freedoms.
The special rate of solidarity is applied by the natural gas supplier to a holder of an individual contract, in the form of a deduction that must be included on the invoice with the corresponding wording, for a period of one year from the end of the fifteen-day period referred to in the last paragraph of section R. 445-15 or, where applicable, from the receipt of the attestation referred to in section R. 445-16.
Individuals with an individual natural gas supply contract that meets the conditions to benefit from the special rate of solidarity also benefit from the free entry into service and registration of their contract, as well as an 80% discount on the billing of a travel motivated by an interruption of supply due to a default of settlement.
In order to prevent the interruption of the benefit of the special rate of solidarity, it is extended, for an additional period of six months from the end of its application, unless the latter results from the termination of the contract of supply. Except in the case of fraud, it does not in any case give rise to a refund from the beneficiary. The amount of the deduction referred to in the first paragraph of section R. 445-9, during that additional period, is calculated pro rata temporis. During this additional six-month period, the supplier or agency acting on behalf of the supplier shall inform the customer who is no longer identified as being entitled to the special rate of solidarity under the procedure described above because his rights are temporarily extended, the date of termination of this extension and the procedure to be followed to continue to benefit from the special rate of solidarity at the end of the supplementary period. If the special rate of solidarity fees are extended during this additional six-month period, the special rate is applied for one year from the date of renewal of these rights, without prejudice to a further six-month period.
In the event of termination of the supply contract before the term of one year or the additional six months, the amount of the deduction referred to in the first paragraph of section R. 445-9 is calculated pro rata temporis. The supplier or agency acting on its behalf shall return to the interested party a duplicate of the certificate and a letter indicating the date of commencement and end of application of the special solidarity pricing. The new supplier of the interested party is required to apply the special solidarity fee for the remaining period of rights, if any, to be run.
The natural persons referred to in section R. 445-8 and residing in a collectively heated residential building with natural gas may also benefit from the special solidarity rate provided for in this section, except in cases under section R. 445-21. Housing buildings heated by an urban heat network are not affected by the provisions of this section.
In the case of a residential building subject to the status of the condominium and collectively heated to natural gas, the information referred to in the last paragraph of section R. 445-16 shall be communicated to the co-owners by the trustee of the building or any other agent, in the calls for provisions on budget charges and in the form of display in the common parts of the building. This information is issued under current management missions included in the trustee's management contract or any other agent's plan, and may not result in additional charges, for both condominiums and tenants.
The owner of one or more dwellings located in a dwelling house collectively heated to natural gas or, where appropriate, his or her agent communicates to his or her tenants, in the leave of rent, the individual count or any other means the information referred to in the last paragraph of section R. 445-16.
In the absence of explicit refusal by the potential beneficiary within the fifteen-day period referred to in R. 445-14 or after receipt of the completed attestation, the organization acting on behalf of natural gas suppliers or, where applicable, the natural gas supplier shall send a lump sum payment to the applicant for the special solidarity rate. In the event that the collective heating of the building is powered by several energy sources, the lump sum payment is reduced by half.
The annual amount to which a home is entitled is contained in R. 445-9.
In order to benefit from the special rate of solidarity, managers of social residences referred to in the second paragraph of section R. 445-8 shall transmit to their natural gas supplier or to the agency acting on behalf of suppliers, their application accompanied by:
1° The signed agreement provided for in Article L. 353-1 of the Construction and Housing Code;
2° The attestation by the departmental departments of the State that the convention was not denounced, specifying its expiration date;
3° Any document justifying the number of dwellings in the relevant social residence and the absence of individual contracts for the provision of natural gas for housing;
4° The references of the collective contract for the supply of natural gas, the name and contact details of the supplier, as well as the references of the relevant counting and estimation points.
For the manager of a social residence whose residents do not have an individual supply contract, the special solidarity rate is the result of a deduction on the contractually established supply price between the manager and its natural gas supplier. This deduction is based on the number of housing units in the relevant social residence; it shall not exceed the total amount of the annual natural gas invoice all taxes included.
The amount of the deduction is reimbursed monthly to residents, deducting management fees that amount to 5% of the deduction amount. The amount deducted is the subject of a specific reference to the notice of expiry addressed to the resident.
The amount of the deduction referred to in the preceding paragraphs shall be determined by article R. 445-9; it can be reassessed by decree of ministers responsible for the economy, energy, housing and social affairs after the opinion of the Energy Regulatory Commission.
The special tariff is applied by the supplier until the expiration date mentioned on the certificate issued by the State services and not more than three years. In the event of a termination of the supply contract before this term, the supplier or agency acting on behalf of the supplier shall return to the person concerned a letter indicating the date of commencement and termination of application of the specific tariff. The new natural gas supplier of the interested party is required to apply this special tariff for the remaining fee period, if any, to be cured. The amount of the deduction is then calculated pro rata temporis.
No information transmitted by managers of social residences may be retained for a period of more than three years.
All costs of the service provided by health insurance organizations under this section are reimbursed to them by natural gas suppliers pursuant to conventions that these suppliers are required to conclude with these organizations. In the absence of conventions, the ministers responsible for energy and social security will stop the amount of these costs.
Biomethane produces a non-hazardous waste storage facility from household and assimilated waste or through digestor methane of non-hazardous products or waste is a biogas within the meaning of chapter VI of Book IV title IV.
A Minister of Energy and the Environment Order specifies the nature of these products and wastes in the light of the notification(s) of the National Food, Environment and Labour Health Agency.
The buyer referred to in Article L. 446-2 is a natural gas supplier within the meaning and for the application of Article L. 443-1.
The relationship between the producer and the biomethane purchaser, referred to in Article R. 446-1, is subject to a purchase contract whose characteristics are specified in section 2 of this chapter.
The minimum requirements for this contract are:
1° The purchase rates for biomethane produced for each installation category;
2° Administrative or technical obligations to preserve the proper functioning of the natural gas transport and distribution networks, which are necessary for the producer to benefit from these purchase rates;
3° The conditions of entry into force of the contract, as well as its duration which cannot exceed fifteen years.
The biomethane producer can only sell it to one buyer on a given site.
The purchase rates applicable during the term of the contract take into account the investment and operating costs so that the remuneration of capital in these facilities does not exceed, over the contract period, normal capital remuneration, taking into account the risks inherent in these activities and the guarantee of sale at a specified rate of which they benefit.
Any person seeking to benefit from the terms and conditions of purchase of biomethane provided for in Article R. 446-2 shall, with acknowledgement of receipt, send to the prefect of the department in which the production site is located, an application dated and signed including:
1° If it is a natural person, his or her name, first name and domicile or, if it is a legal person, his or her name or social reason, the address of his or her head office, his or her registration in the register of commerce and companies or equivalent, if any, the extract of the K bis register and its statutes as well as the quality of the signatory of the record;
2° The address of the biomethane production site subject to demand;
3° The production, storage and purification technique used;
4° The nature of the inputs used;
5° The maximum biomethane production capacity of the facility (expressed in m3 per hour under normal temperature and pressure conditions or "m3(n)/h)" and the estimated average annual output (in kilowatt hour expressed in higher calorific power or "kWh PCS") in normal operation;
6° The name and head office of the prospective buyer;
7° A network operator document specifying the technical feasibility conditions of connection and injection;
8° A certificate on the honour that biomethane produces will be appropriate to be injected into the network in accordance with the technical requirements of the applicable network manager referred to in Article D. 446-13.
The prefect shall, within two months from the receipt of the complete record of the application, issue a certificate to the applicant entitled to the purchase, under the conditions set out in section R. 446-2, of the biomethane produced by the prefect's installation. The applicant may refuse to issue the certificate, in particular if the applicant considers that the applicant's file is not complete or that the nature of the reported inputs is not consistent with the above-mentioned order.
The certificate mentions the items listed in 1°, 2°, 3°, 4° and 5° of this article. The attestation is notified to the application. It is valid until the end of the document mentioned in the 7th of this article.
The attestation is nominal and incessant.
It can be transferred by prefectural decision. The certificate holder and the new petitioner shall apply to the prefect for the transfer of the certificate. This request includes, with respect to the new petitioner, an update of the elements mentioned in 1° and 8° of this article. After having obtained the transfer of a certificate, if requested by the buyer, the new producer shall be entitled to the terms and conditions of the existing contract for the remaining period of time; a contracting party is established.
Any modification relating to the elements mentioned in 3°, 4°, 5° or 7° of this article shall be subject to, prior to its completion, an application for an amendment to the certificate.
The prefect shall rule on these last requests under the conditions for the instruction of the initial application.
Can benefit from the purchase contract referred to in Article D. 446-8 an installation commissioned, within the meaning of Article D. 446-10, for the first time after November 22, 2011 and whose main elements (hotplate, engines, turbines, alternator, elements necessary for the production, purification and storage of biogas) have never been used for a voluntary production of biogas or allowed the energy enhancement of an exception
Can also benefit from the contract of purchase referred to in Article D. 446-8 an installation put into service, as defined in Article D. 446-10, before November 22, 2011 and of which all or part of the main elements necessary for the production, purification and storage of biogas or biomethane have never been used to produce biogas for self-consumption purposes or as part of a contract of purchase.
In this case, the duration of the contract referred to in the preceding paragraph is reduced by the number of years, whether whole or in part, between the date of commissioning of the facility and the date of signature of the purchase contract.
An installation commissioned, within the meaning of Article D. 446-10, for the first time after November 22, 2011, one of the main elements, as defined in Article D. 446-4, has already been used for a biogas production or allowed a biogas enhancement, and that has never benefited from a purchase contract referred to in Article D. 446-8, may benefit from such a contract to the tariffs defined in Article 446-8.
Prior to the signing of the purchase contract referred to in Article D. 446-8, the producer identifies its installation with the Environment and Energy Control Agency (ADEME) by the production of an identification file with the elements mentioned in 1°, 2°, 3°, 4° and 5° of Article D. 446-3.
The agency delivers a receipt attesting to the receipt of the complete identification file within three months of its receipt. The purchase contract is signed within three months of the receipt. If no contract has been signed upon the expiry of this period, the receipt shall be deducted.
The relationship between the producer and the biomethane purchaser is the subject of a purchase contract that incorporates the conditions defined by the order referred to in Article D. 446-12 in force on the date of signature of the contract.
The certificate referred to in Article D. 446-3 and the receipt referred to in Article D. 446-7 shall be annexed to the contract of purchase.
The purchase contract specifies the main features of the site, in particular those mentioned in 2°, 3°, 4° and 5° of article D. 446-3.
The entry into force of the purchase contract is subject to the connection of the installation to the natural gas network under the conditions defined by the connection contract and the injection contract referred to in Article D. 446-13.
The network manager shall, at the request of the producer, issue an attestation specifying the date on which the connection to the natural gas network will be put into service. From the date of receipt, the producer has a period of two months to transmit this certificate to the buyer.
The purchase contract is entered into at the producer's request, following the receipt of the certificate and the receipt referred to, respectively, in sections D. 446-3 and D. 446-7, for a period of fifteen years from the installation's commissioning.
The date of commissioning of the facility is the date of commissioning its connection to the natural gas network.
This service must take place within three years from the date of signing of the purchase contract. In the event that this period exceeds, the duration of the purchase contract is reduced by the duration of the overtaking.
Ministers responsible for energy and the economy approve indicative models of biomethane contract after consultation with representative organizations of natural gas suppliers within the meaning of articles L. 443-1 and following and biomethane producers and after advice from the Energy Control Board.
The purchase rates of biomethane, their conditions of application and the conditions of energy efficiency to be met by biomethane production facilities are decided by ministers responsible for energy and economy after the advice of the Higher Energy Council and the Energy Control Commission.
The purchase rate applicable to an installation is the purchase rate in effect at the time of the signature of the purchase contract referred to in section D. 446-8.
As of the date on which the Energy Regulatory Commission has been seized of a draft decree by ministers, it has a period of one month to render its opinion, a time limit that ministers may extend to two months upon request. This notice is deemed to be in favour of the expiry of this period, if extended. The opinion of the Energy Regulatory Commission, when expressed, is published in the Official Journal of the French Republic together with the decree.
This order specifies the purchase rates for biomethane and their application conditions.
Biomethane is injected in accordance with the conditions set out in Articles R. 121-50, R. 433-15 to R. 433-20 and the provisions of Book V of the Environmental Code, as well as the technical requirements of network managers and specifications, as applied to these presciptions.
Any biomethane production facility is equipped with a biomethane counting device injected into the network.
Are concluded between the biomethane producer and the network manager:
1° A connection contract describing the connection conditions, including the financial conditions for the investment required to connect the producer to the natural gas network; this investment is the sole responsibility of the producer and cannot be reimbursed;
2° An injection contract describing the conditions of the injection in particular with respect to the safety, control and monitoring of the quality of biomethane; It also specifies the financial conditions for the services of the network manager concerning, on the one hand, the operation and maintenance of the injection facility, including the control of the quality of the gas and the determination of the injected quantities and, on the other, the operation of the network induced by the injection of biomethane.
The injected flow must be continuously adapted to the absorption capacity of the network. The producer provides for a removal system in the event of inadvertent flow or non-conformity of gas quality. The direct release of biomethane into the atmosphere by this removal system is prohibited.
The Minister responsible for energy shall, by order, designate buyers of last resort, if any, by distribution zone and on the transport network.
In order to establish the list of last resort biomethane buyers, the Minister for Energy shall apply to each of the companies authorized to provide natural gas to domestic and non-domestic customers in accordance with sections L. 443-1 and below. This call sets out the terms and deadline for applications.
Suppliers who respond to this call for applications shall be designated as last resort buyers by producing, in support of their statement, the documents defined by order of the Minister for Energy. This Order also determines the terms and conditions for publication of the list defined in the following paragraph.
Within a period not exceeding two months from the deadline for submission of nominations, the Minister for Energy publishes the list of suppliers designated as last resort biomethane buyers. This list specifies, for each buyer, their contact information and the area(s) in which they must intervene.
This designation is valid for five years. The purchaser of last resort is required to conclude, within a maximum time limit set out in the procedure for appointing the purchaser of last resort, the purchase contract referred to in Article D. 446-8 with any producer installed in the area in question who makes the request or to replace the defaulting contractor of a producer installed in that same area. In the latter case, the new purchase contract entered into with the purchaser of last resort has a validity period equivalent to the remaining period of the original contract at the date of its termination, and the purchase rate applicable to this new contract remains the purchase rate in effect at the time of the original purchase contract signature.
The Minister may, by a reasoned decision and after making his comments, withdraw a supplier from the list of last resort buyers, if the latter is no longer in a position to ensure the purchase of last resort biomethane or in the event of a breach of his obligations.
It may also make a new call for applications at any time to complete the same list.
The producer shall make available to the buyer, the delegate responsible for maintaining the national register of guarantees of origin, the Energy Control Board and the Minister responsible for energy the information and evidence required under this chapter.
In order to determine the technical and economic performance of the industry, the producer shall transmit to the Minister for Energy, at his request, the technical and financial elements necessary to assess the financial profitability of his biomethane production facility based on the terms of the purchase contract referred to in section D. 446-8 that he has concluded.
A Minister of Energy Order specifies the terms and conditions of this transmission, the list of elements to be transmitted and their format of transmission.
Officials and agents authorized by the Minister for Energy or the Minister responsible for the economy under section L. 142-21, the control officers authorized by the gas distribution authorities and the agents authorized to control the facilities classified for the protection of the environment are responsible for verifying compliance with the regulation of the production and injection of biomethane in the natural gas network.
When the modifications of the facility lead it to no longer complying with the conditions specified in this section, the Prefect shall declare the certificate invalidity referred to in section D. 446-3, after the producer has continued to restore the facility to its original state.
A copy of the prefect's decision is addressed to the relevant network manager and to the purchaser who entered into the purchase contract referred to in section D. 446-8.
The invalidity of the certificate entails, in full right, the suspension of the contract of purchase referred to in section D. 446-8 and its termination after three years of suspension.
Biomethane injected into natural gas networks, when the biomethane is subject to a purchase contract under section R. 446-2, may be issued with an original guarantee certificate, at the request of the biomethane buyer referred to in section R. 446-1.
Claims for original warranty certificates are addressed to the delegate referred to in section D. 446-21.
An original guarantee certificate is issued per injected energy unit, set at 1 megawatthour (MWh).
The start and end dates of the biomethane injection period for which a guarantee of origin can be requested must correspond to the count data log dates specified by the injection contract linking the biomethane producer to the network manager.
The start date of the injection period for which an original warranty is requested cannot be earlier than January 1 of the calendar year before the application. The application must be sent no later than ninety days after the last day of the injection period being the subject of the application.
The original warranty certificate application includes:
1° The name or social reason and address of the applicant's head office;
2° The address of the biomethane production site subject to demand;
3° The production capacity of the site;
4° The date of commissioning of the site;
5° A copy of the receipt issued pursuant to Article D. 446-3;
6° A copy of the injection contract;
7° A copy of the purchase contract provided for in Article R. 446-2;
8° Start and end dates of the biomethane injection period for which the original warranty is requested;
9° The amount of biomethane injected, expressed in MWh, during the period for which the demand for original warranty certificates is sought;
10° The production technique and type of input used for biomethane production.
The applicant for an original certificate of guarantee must retain all relevant information and documents for three years from the date of the application.
The delegate referred to in section D. 446-21 shall have a period of thirty days from the date of receipt of a complete application to issue the original guarantee certificate, where an original warranty has already been issued for the installation. This deadline is extended to sixty days if this is a first request. The certificate includes the references or references corresponding to the elements in 1° to 10° of Article D. 446-19.
The delegate shall issue a number of certificates equal to the number of units of injected energy, referred to in the application to the delegate, in accordance with the provisions of section D. 446-19.
The delegate shall, on the national register of the guarantees of origin described in Article D. 446-21, register the certificates of origin issued by him.
The register is published on the delegate's website. For each original warranty, the registry elements accessible to the public are:
1° The number identifying the certificate of the original guarantee;
2° The date of its deliverance;
3° The name and quality of the applicant;
4° The location of the biomethane production facility;
5° The inputs from which biomethane was produced;
6° Start and end dates of the period during which biomethane was produced;
7° If applicable, the mention of the transactions defined in 2° of Article D. 446-21.
The delegate shall, at least every month, update the registry.
The delegate addresses to the Minister for Energy before March 31 of a given year, an activity report of the previous calendar year.
In accordance with the provisions of section D. 446-24, the Minister for Energy designates a delegate to create and manage a national registry of the original guarantees of injected biomethane. Its mission includes:
1° Opening, holding and closing on the register of accounts of holders of original guarantees;
2° Recording all transactions related to these accounts:
(a) The credit of the accounts of the holders after issuance of an original guarantee certificate under the conditions described in Article D. 446-20;
(b) Transfer of original guarantees between account holders;
(c) The cancellation of the original guarantees on an account under the conditions provided for in Article D. 446-25;
(d) The debit of the accounts of the holders after use of an original guarantee certificate, under the conditions described in section D. 446-22.
The delegate preserves the confidentiality of information of an economic, commercial, industrial, financial or technical nature, which he collects in the exercise of his mission and whose communication would affect the rules of free and fair competition and non-discrimination established by law. It is premeditated against any misuse of such information, including within it, with a view to using it for activities outside the mission.
Any holder of a certificate of guarantee of origin shall inform, if any, the delegate referred to in section D. 446-21 of the use of that guarantee. The delegate bears, on the national register provided for in the same article, the reference to the use of the original guarantee and its method of valuation. Each warranty can only be used once. Any warranty used is debited from the holder's account.
An original warranty that has not been used within 24 months of the date of its issuance is automatically deleted from the registry.
The cost coverage for the establishment and maintenance of the national register is provided by the maintenance costs, to the account holders, the amount of which is approved by the Energy Control Board. To this end, the Energy Control Board has access to the accounts of the delegator in charge of the register.
These costs are taken into account in the calculation of public service charges relating to the purchase of injected biomethane into natural gas networks and entitled to compensation in accordance with sections R. 121-77 to R. 121-89.
Account expenses are established to ensure the strict coverage of the costs of investment, establishment and operation attributable to the mission described in section D. 446-21, as set out by the delegate in his application file described in section D. 446-24, as well as the remuneration requested.
I. - The Minister for Energy designates, after competition and for a period of five years, the body responsible for carrying out the mission described in section D. 446-16.
To this end, he issued a notice of public appeal to competition in the Official Journal of the European Union.
The notice states:
1° The purpose of the public appeal to competition;
2° The period on which the subject-matter of the public appeal is held;
3° The criteria for judgment of applications;
4° The list of documents to be submitted in support of the application;
5° The deadline for the submission of applications to the administrative authority, which must leave at least forty days after the issuance of the notice of public appeal to competition in the Official Journal of the European Union;
6° Modalities for submission of applications.
Can be candidates for organizations that have demonstrated their skills in database management and compliance reviews.
Applicants should also have provided evidence of their independence from biomethane producers and buyers, economically, legally and financially.
II. - Upon receipt of applications, the Minister for Energy assesses applications based on the following evaluation criteria:
1° The technical and financial capacities of the candidate;
2° The candidate's ability to ensure continuity of public service and equal access to public service;
3° The costs of investment, establishment and operation required for the performance of the mission described in section D. 446-21;
4° The remuneration required for the performance of the mission.
After reviewing applications, the Minister responsible for Energy shall, after the opinion of the Conseil supérieur de l'énergie, designate the agency responsible for the benefits provided for in this section.
III. - The Minister for Energy may impose a monetary penalty not exceeding 10% of the maintenance costs for the last fiscal year declared or terminate the duties of the delegate:
1° If the Energy Control Board refuses to approve the amount of the account holding expenses incurred by the delegate;
2° If, after re-establishment and with the exception of force majeure, the delegate shall, in a lasting or repeated manner, interrupt the management of the national register of the guarantees of origin;
3° The delegate commits a serious breach of his regulatory obligations.
In each of these cases, the Minister for Energy will allow the delegate to present his comments before making a monetary penalty or its demise.
The Minister for Energy may authorize the operator, pursuant to section L. 452-6, to waive the provisions of this chapter in accordance with the provisions of sections R. 111-43 to R. 111-51.
In the territory of municipalities already served by a natural gas network, managers of public gas distribution networks are obliged to connect to existing public distribution networks all customers who request it, if the ratio of the profitability calculation obtained is equal to or greater than the level determined by the Minister responsible for energy pursuant to section L. 432-7. In order to meet applications for connections that are less profitable than this level, public distribution networks managers may request participation from applicants.
The profitability of the new connections is calculated taking into account the costs not covered by the forecast revenues remaining at the expense of the network manager, applying the calculation methods determined by the Minister responsible for energy to stop the profitability rate of the gas service and taking into account a reasonable benefit likely to be expected from the extension of the distribution network.
When the connection of a construction, land or subdivision has been financed as part of an urban planning authorization provided for in section L. 332-15 of the urban planning code, no participation in connection is required by the managers of the public gas distribution networks.
Prior to the completion of a connection to the existing gas distribution network, any network manager shall establish a specific statement of the works required for the connection of any new customer, which he or she communicates. This state mentions, in particular, the length of the branching line, the gas delivery station for the connecting applicant(s) and, where applicable, all or part of the extension of the main public distribution channel, provided that it is not present at the proposed location of the delivery station or counter.
To calculate the amount of a connection operation defined in accordance with section R. 453-3, the public gas distribution network manager shall take into account all costs induced by the connection request, based on their actual amounts or a package. These costs are in addition to any connection costs due by the customer.
The amount of the applicant's financial participation in a connection cannot exceed the amount required to meet the economic conditions of profitability of the connection operation referred to in R. 453-1.
When a financial contribution has been requested to the first beneficiary of a connection operation on the basis of actual costs, any subsequent connection of one or more beneficiaries, within a maximum of eight years, on the gas line, results in a refund by the distribution network manager to that first beneficiary.
The amount of the reimbursement to be paid is calculated using the following formula:
" Sr = M x (8 - N)/8 x Pc/Pt", where:
" Sr" represents the amount to be paid by the network manager to the first beneficiary;
"M" represents the amount of the initial participation supported by the first recipient, not updated;
"N" represents the number of years since the initial participation of the first recipient;
"Pc" represents the flow of the new customer's meter;
"Pt" represents the sum of the maximum debits of all counters of all potential beneficiaries.
The distribution network manager shall communicate to the new and the first beneficiary of a branch the method used to calculate the amount of the financial participation, as well as the details of that calculation.
Distribution network managers submit to the Minister responsible for Energy an application for approval of their terms and methods of calculation referred to in R. 453-4. Any modifications to these conditions and methods shall be submitted to the Minister responsible for energy at least three months prior to their implementation.
Upon receipt of the application, the Minister shall consult with the representative national organizations of the authorities organizing the public distribution of gas and shall, for advice, appeal to the Energy Control Board, which shall be held within one month of its referral. After this period, the opinion of the Energy Control Board is deemed given.
The Minister shall take a decision within three months of receipt of the application.
Its approval shall be deemed to have been granted in the absence of opposition or application for amendment within three months of receipt of the application.
Section 2
Scope of the terms of reference for public gas distribution concessions and the regulations of service of the boards
The specifications of the public gas distribution concessions or the regulations of service of the regulated under section L. 2224-31 of the general code of the territorial authorities specify:
1° The economic conditions of profitability and calculation methods referred to in articles R. 453-1, R. 453-4 and R. 453-5;
2° Where applicable, the conditions for reimbursement of all or part of the financial participation of the municipality, the public inter-communal cooperation institution or the joint union provided for in Article R. 432-8;
3° The conditions for the application of section R. 432-10, including, where applicable, the terms and conditions for the reimbursement of all or part of the financial participation of the municipality, the public intercommunal cooperation institution or the mixed union provided for in the same article;
4° Rates or prices of connection services;
5° The technical conditions for connection to the public gas distribution network, including the terms and time for a connection, the procedure to be followed for a customer wishing to be connected to the network, as well as the various possibilities of satisfying the demand when the volume of gas that it is envisaged to transport to satisfy the consumption of a final customer does not allow the connection to the distribution network;
6° Technical requirements for pipelines and connections of distribution facilities, published by the Public Gas Distribution Network Manager.
The technical requirements to be developed by any natural gas carrier, any natural gas distributor, any operator of gas installations and any holder of a natural gas storage concession in accordance with Article L. 453-4 are defined by Articles R. 433-15 to R. 433-20.
I. - A company may, for some of its sites, benefit from the specific conditions set out in the first paragraph of Article L. 461-1, if that company and each of the sites concerned meet, for at least two years in the last four calendar years preceding the date of application, all of the following conditions:
1° The relationship between the volume of natural gas consumed by all the company's sites and the added value of the company, as defined in article 1586 sexies of the General Tax Code, is greater than 4 kWh per euro of added value. If the added value of the company is negative or equal to zero, it is set to 1 euro;
2° The activity of the site is recognized as exposed to international competition if it is on the list prepared by the European Commission in its decision No. 2010/2/EU of 24 December 2009 establishing, in accordance with Directive 2003/87/EC of the European Parliament and the Council, the list of sectors and subsectors considered to be exposed to a significant risk of carbon leakage;
3° The structure of gas consumption must be such that the volume of consumption on the site from April 1 to October 31 is more than 30% of the volume of consumption on the same site in the calendar year.
II. - A company may, for some of its sites, have special conditions in the second paragraph of Article L. 461-1, if the company and each of the sites concerned meet, for at least two years in the last four calendar years preceding the date of application for special conditions, to the following conditions:
1° The relationship between the volume of natural gas consumed by all the company's sites and the added value of the company, as defined in article 1586 sexies of the general tax code, is greater than 4 kWh per euro of added value. If the added value of the company is negative or equal to zero, it is set to 1 euro;
2° More than half of the production of intermediate products referred to in Article D. 461-3 is intended to be provided by pipeline to one or more companies, which meet all the criteria of I of this Article. This proportion of intermediate products is measured in volume on the sum of intermediate products.
III. - For the purposes of this article, the company is identified by its SIREN number and the activity of the site by the NACE code associated with the SIRET number.
The volumes and natural gas flows consumed eligible for the specific conditions specified in Article L. 461-1 are:
1° The volume of gas used by the site as the raw material, as stated in the attestation provided for in Article 2 of Decree No.2008-676 of 2 July 2008 setting out the terms and conditions for the control of the destination and use of the natural gas affected for unsubmitted or exempt uses of the domestic consumer tax provided for in Article 266 quinquies of the Customs Code;
2° The average daily flow of the site. In the case of an eligibility request made by a site producing intermediate products eligible for Part II of Article D. 461-1, the average daily flow of this site is multiplied by the proportion of intermediate products defined in Part II of Article D. 461-1.
The intermediate products mentioned in the second paragraph of Article L. 461-1 are vapour, hydrogen and carbon monoxide (CO).
Any company requesting to benefit from the provisions of section L. 461-1 for some of its sites by registered letter, with acknowledgement of receipt, to the Minister responsible for Energy a statement on the honour dated and signed including:
1° Its name or social reason, the address of its head office, its registration in the register of trade and companies or equivalent, if any, the extract of the K bis register and its statutes as well as the quality of the signatory of the record;
2° The name, address and delivery points of the company's sites subject to the application and the name of the networks to which these sites are connected;
3° The evidence that the company and the subject sites of the application meet, for at least two years in the last four calendar years preceding the application date, each of the criteria set out in Article D. 461-1;
4° Eligible volumes and flows as defined in Article D. 461-2, calculated for each on the average of the two highest values available over the last four calendar years preceding the date of application.
The company shall, at the disposal of the Minister for Energy, provide the necessary supporting documentation for the assessment of the elements referred to in 3° and 4° of this section, including the results accounts and certified accounting records required for the assessment of the application.
The information transmitted by the company is kept confidential.
The Minister for Energy shall prepare and publish the list of eligible companies and their eligible sites for the purposes of the provisions of section L. 461-1.
Registration is made after receipt of the declaration referred to in Article D.461-4 and is effective for a period of four years from the date of receipt.
The refusal of registration shall be notified to the applicant if the declaration referred to in D.461-4 is incomplete or if the eligibility criteria set out in D. 461-1 are not met. Any substantial change, which would lead to no longer meeting each of the criteria set out in section D. 461-1 for two years in the last four calendar years, must be the subject of a company's declaration to the Minister responsible for Energy and result in the withdrawal of the list of eligible companies and their eligible sites if the eligibility criteria are no longer met.
Any false statement results in the withdrawal of the company and its sites from the list referred to in section D. 461-5.
At the end of the validity period of the four-year declaration provided for in section D.461-6, any company that has been included in the list referred to in section D.461-5 shall forward to the Minister of Energy a statement on the honour dated and signed attesting that the sites that have benefited from the specific conditions set out in section L. 461-1 have met the criteria set out in section D. 461-1 for at least two years in the last four years
Administrative acts relating to the management of the water resource, taken pursuant to Article L. 511-1 of this Code, Article L. 212-1 and the first paragraph of Article L. 212-3 of the Environmental Code, are taken after the realization of an energy assessment assessing the consequences with respect to the national objectives of reducing the emissions of gases contributing to the strengthening of the greenhouse effect and the development of the generation of electricity.
The selection of candidates falls within the competence of the prefect of the department where the works are located. When these works are located in several departments, the prefect of the department in which the main electricity production facility is located is responsible for coordinating the procedure.
However, where the maximum gross power of development, as defined in section L. 511-5, is equal to or greater than 100 megawatts, the selection of candidates falls within the competence of the Minister of Energy.
Any person may request the competent authority defined in section R. 521-1 to initiate a procedure for establishing a hydraulic power concession on a perimeter that is not the subject of it, by sending him a letter of intent containing the indications and documents relating to his or her identification, technical and financial capacities, to the purpose of the enterprise, to the location of the energy envisaged, to the main characteristics
If the instruction falls within its jurisdiction, the Minister responsible for Energy, after having obtained the agreement of the Minister responsible for the environment and, when the planned development is of interest to a domanial watercourse or uses the energy of the tides, the opinion of the authorities responsible for the management of the public domain concerned, shall decide within six months of the action he intends to give to the letter of intent.
If the instruction falls within the competence of the prefect, the prefect, on the basis of a report drawn up within two months from the date of their referral, when the planned development is of interest to a domanial watercourse or uses the energy of the tides, by the authorities responsible for the management of the public domain concerned, decides, within six months, on the follow-up he intends to give to the letter of intent.
The competent authority shall inform the petitioner of its decision.
When she intends to give her a favorable follow-up, she invites her to complete her letter of intent by:
1° A report, the content of which must be in relation to the importance of the planned development and its impact on the environment, including an analysis of the state of the site and its environment, including the natural wealth and natural areas of agriculture, forestry, marine or leisure that may be affected by the development; the costs associated with the preparation of this report are, if any, reimbursed by the successful candidate if he is not the one who has filed the letter of intent;
2° The summaries of projects;
3° The need for a declaration of public utility;
4° The duration envisaged by the petitioner of the requested concession;
5° The possible request for financial participation of the State.
After the letter of intent has been completed in accordance with Article R. 521-3, the competent authority shall conduct the advertising procedures set out in subsection 3 and initiate a procedure for the selection of candidates.
When the conceding public person envisages the operation of the hydraulic energy of a site, whether it is the establishment of a concession or the renewal of an existing concession, it proceeds to the advertising formalities provided for in Decree No. 93-471 of 24 March 1993 implementing article 38 of Act No. 93-122 of 29 January 1993 on the advertising of public service delegations.
The general procedure for selecting the candidate(s) admitted to applying for a hydraulic energy concession is that provided for in Article 38 of Act No. 93-122 of 29 January 1993 on the prevention of corruption and transparency of economic life and public procedures.
However, the competent authority may decide, in particular where the characteristics of the proposed project or the operation of the works warrant it, to use, in whole or in part, the specific selection procedure provided for in subsection 5.
Regardless of the procedure, it is organized according to criteria to retain the candidate best able to guarantee the energy efficiency of the waterfall operation, respect for the interests mentioned in Article L. 211-1 of the Environmental Code and the best economic and financial conditions for the grantor.
In all cases, the application for the grant of concession of the successful candidate is then investigated in accordance with, as the case may be, subsection 3 or subsection 4 of section 2 of this chapter.
The notice of public competition appeal indicates:
1° The essential characteristics of the proposed hydraulic energy concession, including its object, the possibility of proposing variants, the conditions under which the administrative authority will determine its duration before the tender or will appreciate the offers in respect of the contract duration they propose and the principles of its financial balance, in particular the conditions of participation of the State and royalty, and, in the case of renewal, an estimate of the right of entry provided for in article 17;
2° The modalities for the submission of nominations;
3° The deadline for submission of applications to be fixed at least one month after the date of the last publication;
4° The criteria for appreciation of the guarantees and abilities of candidates mentioned in the second paragraph of Article 38 of Law 93-122 of 29 January 1993 on the prevention of corruption and the transparency of economic life and public procedures.
When the grant or renewal of a concession is likely to include work that is equal to or greater than the threshold set out in Article 16 of Directive 2004 /17/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procurement procedures in the sectors of water, energy, transport and postal services, a notice, in accordance with the model set out by the Regulation (EU 2015) In this case, the deadline for the submission of applications must be at least 52 days after the date of the submission of the notice to the European Union Publications Board.
After reviewing the nominations, the competent authority lists the candidates admitted to bid.
Applicants who are eligible to submit an offer are notified by registered letter with a request for a notice of receipt, along with the consultation file. Other candidates are informed of the reasons for their rejection by the same way.
The consultation file submitted to eligible candidates for an offer includes:
1° The regulation of the consultation;
2° A presentation document of the minimum requirements and requirements of the proposed concession, including the main parameters relating to the production, debits and water levels, to the constraints of operation or use, and, if it is a renewal, describing the existing equipment and their condition, their mode of conduct and operation, the conditions under which they will be maintained or modified, where applicable, the type of additional equipment, or
3° The standard specifications of the conceded hydraulic enterprises and the references to the regulations in force;
4° The criteria for the selection of offers, including the energy efficiency of the exploitation of the fall, with regard to the objectives set out in Article L. 100-1 of this Code, respect for a balanced and sustainable management of the water resource allowing the conciliation of its various uses, as they result from the provisions of Article L. 211-1 of the Environmental Code as well as the economic and financial conditions for the State;
5° In the event of a renewal of the concession, a document describing the characteristics of the concession that expires, excluding information covered by the trade and industrial secret;
6° If the procedure follows the filing of a letter of intent, the analysis report of the status of the site referred to in R. 521-3.
The characteristics mentioned in the 2° can be presented in the form of variants, depending on the nature and importance of the works to be carried out or modifications to the existing works and their operating conditions.
In the event of a renewal of a concession that expires, the regulation of the consultation sets out the terms and conditions under which candidates admitted to making an offer may access the existing facilities in accordance with the provisions of section R. 521-65.
At the request of the competent authority, the prefect of the department where the existing works are located or to build, or, where appropriate, the coordinator prefect, prepares a document to inform all candidates on the issues related to the balanced and sustainable management of the water resource within the scope of the project, to which it may annex the contributions collected during the development of the document. This document is annexed to the regulation of the consultation.
The regulation of the consultation specifies the terms and conditions under which the competent authority may invite the candidates admitted to present an offer to participate in a phase of dialogue that is intended to allow each candidate to present his analysis of the characteristics and variants indicated in the presentation document referred to in 2° of Article R. 521-8.
During the dialogue, each candidate is heard in conditions of equality. Without prejudice to the provisions of Articles L. 124-1 et seq. of the Environmental Code, the competent authority may not provide information that may benefit some candidates from others. It cannot disclose confidential information provided by a candidate in the context of the dialogue, without the consent of the candidate.
The competent authority shall inform the candidates of the closure of the dialogue phase and, where appropriate, of the modifications to the quantitative and qualitative characteristics of the expected benefits. These amendments may apply only to amendments justified by the fulfilment of the objectives referred to in 4° of R. 521-8 and limited scope, or the exclusion of variants, or the consequences of drawing elements that could not be taken into consideration in the design of the regulations, including the information document referred to in R. 521-9, and shall not discriminate between candidates.
The Competent Authority shall invite candidates to submit their offer in the form of the concession application file defined in section R. 521-14 in a number of copies specified in the regulation of the consultation and within a period fixed by the consultation. This period may not, if any, be less than two months from the close of the dialogue phase. For at least one of the copies, all documents are duly signed by the candidate.
She acknowledges receipt of concession request files.
When the examination of the concession application files falls within the competence of the Minister responsible for Energy, the Minister responsible for the environment, the Minister responsible for agriculture, and, where appropriate, the Minister responsible for waterways, and, if the State's financial intervention is requested or if the concession is renewed, the Minister responsible for the budget. It collects comments on each file within two months.
Where the planned development is of interest to a dip watercourse or uses the energy of the tides, the application files are also submitted for advice, under the conditions set out in the first paragraph, to the authorities responsible for the management of the public domain concerned, as well as to the Minister responsible for the marine fisheries in the case of marine fishing zones.
When the review of the grant application files falls within the purview of the prefect, it gathers the observations of the services under its authority on each file within two months.
Where the planned development is of interest to a domanial watercourse or uses the energy of the tides, the application files are also submitted for advice, under the conditions set out in the preceding paragraph, to the authorities responsible for the management of the public domain concerned.
After negotiations with the candidates, the competent authority designates the candidate that it has chosen. The unsuccessful candidates are notified of this choice and the reasons why the administrative authority has waived their application by registered letter with a request for a notice of receipt.
the application for concession includes, under conditions specified by a decree of the Minister for Energy, the documents and documents relating to the identification of the petitioner, its skills, the detailed location of the project, the works, their construction, their exploitation, the consequences of the project on the state and the regime of the water, in particular with regard to the documents and objectives governing them, to the economic and financial balance of the project,
Instruction of concession requests falls within the competence of the prefect of the department where the works are located. When these works are located in several departments, the prefect of the department in which the main electricity production plant is installed is responsible for coordinating the procedure. In this case, the applications for concessions are sent to him.
However, where the maximum gross power of development, as defined in section L. 511-5, is equal to or greater than 100 megawatts, the instruction of concession applications is within the competence of the Minister responsible for energy.
The Minister responsible for the energy prescribed to each prefect concerned, if necessary under the coordination of the prefect of the department in which the main plant is located, to proceed with the advertising formalities provided for in section R. 521-19 and to open consultations and then a public inquiry based on the application file.
The public inquiry is governed by Chapter III of Title II of Book I of the Environmental Code, subject to the following provisions:
1° For the purposes of the provisions of Article R. 123-7 of the Environmental Code which provide that the public inquiry is opened and organized by joint order of the prefects of the departments concerned, must be viewed as interested the departments where the watercourses and their derivations are located along the rivers in which the concession request has been posted under the provisions of Article R.521-19 of this Code;
2° For the purposes of articles R. 123-6, R. 123-18 to R. 123-20, R. 123-22 and R. 123-23 of the Environmental Code, the petitioner is substituted for the owner of the work when referring to the owner;
3° By derogation from the provisions of Article R. 123-8 of the Environmental Code, the public inquiry is always entrusted to a commission of inquiry;
4° If articles L. 123-14 to L. 123-14-2 of the urban planning code apply, the public inquiry also addresses the compatibility of the local planning plan or the document taking place.
The Prefect invites the petitioner to provide, within a time frame, the number of files required for the public inquiry and the consultations provided for in sections R. 521-20 to R. 521-26.
The prefect of each of the departments concerned shall, through the mayors, carry out the application for concession in the municipalities bordering the watercourses concerned and, where appropriate, their derivations from the upstream limit of the whirlpool to the downstream end of the leak canal.
The display also takes place in the other communities bordering these rivers where the development can make its effects noticeably felt, including on the quality, regime, level or mode of flow of surface or underground waters, as well as on aquatic life, especially on migratory species.
The prefect prepares the State's opinion for the minister and collects for this purpose the opinion of the municipalities in which the works must be established or can make their effects noticeably felt. This notice must be issued within two months.
The prefect addresses, for information, the file established for the public inquiry to the Chambers of Commerce and Territorial Industry, to the departmental chambers of agriculture, to the departmental commission of land development in the electoral districts of which the planned work is to be carried out.
The prefect transmits the file to the departmental commission of nature, landscapes and sites sitting under the conditions for the exercise of the missions defined in section R. 341-16 of the environmental code, as well as to the local commission of water if the operation for which the concession is sought is located within the scope of a water development and management scheme or carries its effects within the scope of a watershed.
The notices mentioned in the preceding two subparagraphs are issued within two months.
The file submitted to the public inquiry includes the documents listed in section R.521-14, as well as the results of the consultations provided for in sections R. 521-12 and R. 521-20.
From the opening of the public inquiry, and through the care of the prefect, consultation with the department on which the concession is extended. The notice must be given within two months of the communication of the file.
It is also done, from the opening of the public inquiry and, through the care of the prefect, to the consultation of the region on which the concession extends. The notice must be given within two months of the communication of the file.
When the planned operation is to be carried out on the territory and on behalf of a single commune and if the findings of the commission of inquiry are unfavourable to the adoption of the project, the municipal council is called to issue its opinion with a reasoned deliberation whose minutes are attached to the file transmitted to the prefect. In the absence of deliberation within three months of the transfer of the file to the mayor, the municipal council is considered to have renounced the operation.
The prefect forwards the file to the departmental environmental and health and technological risk council.
The petitioner has the right to be heard by the council or to appoint an agent for that purpose. He must be informed by the prefect at least eight days in advance of the date and venue of the council meeting.
The board must make its notice within two months of the date of transmission of the record, the time limit beyond which the notice is deemed to be given.
In addition to the consultations provided for in Article R. 521-20, the basin coordinator prefect may be seized for advice by one of the prefects of the departments concerned, if the concession request is likely to pose a problem of compatibility with a water development and management scheme or if more than one department is concerned. The notice of the Basin Coordinator shall be given within two months of the date on which it is seized.
The prefect or, where appropriate, the prefect coordinator shall, with his or her opinion, address the file with his or her proposals and the petitioner's responses to the comments made. It includes a draft terms of reference and, where applicable, a table of entitlements for the energy use of unused water within two months of the date on which it is seized of the record.
The territorially competent prefect prepares the State's opinion, and instructs the application for a grant from the successful petitioner. It invites the petitioner to provide, within a time limit set by the petitioner, the number of files required for the public inquiry and the consultations provided for in sections R. 521-20 to R. 521-27.
After carrying out the advertising operations provided for in R. 521-19, the Prefect shall consult with the municipalities, departments and regions concerned under the conditions set out in R. 521-20, R. 521-23 and R. 521-24.
It shall conduct the consultations referred to in R. 521-21, and, where appropriate, R. 521-27. Within three months of the close of the consultations, the Regional Director of the Environment, Planning and Housing shall transmit to the Prefect their outcome together with his or her substantiated proposals with respect to the public inquiry of the application, acceptance of these proposals by the petitioner or the petitioner's comments in the event of refusal.
The public inquiry is governed by the provisions of Chapter III of Title II of Book I of the Environmental Code, subject to the provisions of Article R. 521-17.
The file submitted for investigation includes the documents listed in R. 521-14 and the results of the consultations provided for in R. 521-12 and referred to in R. 521-30.
Upon the initiation of the investigation, consultations under section R.521-26 and, where appropriate, section R.521-25 were conducted.
The prefect is aware of the public inquiry file and the petitioner's responses to the observations made by the commission of inquiry. It is supplemented by a notebook of charges and, where appropriate, a table of compensation payable to residents for rights to the energy use of unused water.
The charge of the petitioner is to establish the file, display and advertising that is set out in the course of the grant application.
In the absence of a response from the legislative services, bodies or assemblies consulted pursuant to section R. 521-12 and subsections 3 and 4 of this section within the time limit set out in them, their notice is deemed to be given.
The concession concerning the facilities governed by this subsection is granted by decree in the Council of State.
This decree approves the terms of reference, which refers to a water regulation. The terms of reference define, within the limits set by the 2nd of Article L. 521-4, the duration of the concession which is subject to the provisions of Article 40 of Law No. 93-122 of 29 January 1993 on the prevention of corruption and the transparency of economic life and public procedures. Its clauses are governed by the same section of the Act of 29 January 1993.
It shall, if any, declare public utility under Article L. 521-8 of this Code. The declaration of public utility shall prevail if the urban planning documents are to be compatible under articles L. 123-14 to L. 123-14-2 of the urban planning code.
It is countersigned by the Minister for Energy, the Minister for Water Police, the Minister for Freshwater Fisheries Police and the Minister for Agriculture. It is also contravened by the Minister responsible for the management of the public domain concerned, if applicable, by the Minister responsible for the sites or the Minister responsible for historical monuments if the planned development is of interest to a classified site or a listed or proposed monument for the classification, by the Minister responsible for urban planning if there is application of sections L. 123-14 to L. 123-14-2 of the urban planning code.
- When public utility is declared, the case investigation and the order of thesesibility shall take place under the conditions set out in chapters I and II of Title III of Book I (regulatory part) of the code of expropriation for public use.
When the concession has been subject to a notice of public appeal to competition addressed to the European Union Publications Board, the competent authority shall give the latter a notice of award in accordance with the model set by Commission Regulation (EU) No. 842/2011 of 19 August 2011.
The concession concerning facilities governed by this subsection shall be granted by order of the territorially competent prefect. If the works are located on several departments, the concession is granted by joint order of the interested prefects.
This Order approves the terms of reference for a water regulation. The terms of reference define, within the limits set by the 2nd of Article L. 521-4, the duration of the concession which is subject to the provisions of Article 40 of Law No. 93-122 of 29 January 1993 on the prevention of corruption and the transparency of economic life and public procedures. Its clauses are governed by the same section of the Act of 29 January 1993.
The decree granting the concession is published in the Compendium of the administrative acts of the prefecture or the prefectures concerned.
The declaration of public utility is governed by the provisions of Article L. 121-1 of the Code of Expropriation for public use. Pursuant to the provisions of Article L. 521-8 of this Code, public utility is, if applicable, pronounced in the order which approves the concession.
The public utility declaration, if applicable, carries out the compatibility of urban planning documents pursuant to articles L. 123-14 to L. 123-14-2 of the urban planning code.
When public utility is declared, the case investigation and the order of thesesibility shall take place under the conditions set out in chapters I and II of title III of Book I (regulatory part) of the Code of Expropriation for public utility.
When the concession has been subject to a notice of public appeal to competition addressed to the European Union Publications Board, the competent authority shall give the latter a notice of award in accordance with the model set by Commission Regulation (EU) No. 842/2011 of 19 August 2011.
When at the end of the investigation, the competent authority decides not to proceed with the application, it shall inform the petitioner by a reasoned decision.
The projects to be carried out by the concessionaire are addressed to the prefect. These projects are accompanied, where appropriate, by the hazard study prescribed by the provisions of sections R. 214-115 and R. 214-117 of the Environmental Code and, if so provided by the standard specifications of the concededed hydraulic enterprises, or at the request of the Minister for Energy, by the advice of the Standing Technical Committee on Dams and Hydraulic Works. When the work relates to a work to be built or to the substantial modification of an existing work, the Minister for Energy may also decide to submit the draft to the committee's opinion.
When the record of the work is complete, the Prefect shall proceed to the consultations referred to in Article R. 521-20 of this Code. He shall notify the concessionaire of the opinions of the territorial authorities and the State's opinion.
If the concessionaire agrees with these conclusions, the prefect authorizes the execution of the work. If the concessionaire refuses to accede to it, it is finally decided by the Minister responsible for energy if it is a concession whose gross maximum power is greater than 100 megawatts, or by the prefect if it is a concession whose gross maximum power is less than 100 megawatts.
Must be submitted to the Minister for Energy for approval, the projects for the execution of the works for which this approval is specifically prescribed by the terms of reference.
If the development is located on a domanial watercourse section or if the development uses the energy of the tides, the execution projects cannot be approved, by the Minister responsible for energy or by the prefect, only in accordance with the authority responsible for the public domain concerned.
An Energy Minister's order specifies the conditions under which work is re-schooled prior to commissioning the works.
An order of the prefect or, if the works extend into the territory of several departments, an order of the interested prefects authorizes the commission of the works.
In keeping with the general balance of the concession, the water regulation is established by prefectural order, at the end of an administrative conference comprising the services concerned and after consultation with the local water commission if the conceded work is located within the perimeter of a water development and management scheme or carries its effects within the perimeter of such a scheme.
Where applicable, it sets out the means of analysis, measurement and control of the effects of the work on water and the aquatic environment.
The amendment of the water regulations shall be made in accordance with the terms and conditions set out in the preceding paragraphs and, where the proposed amendments are likely to have an impact on the interests referred to in section L. 211-1 of the Environmental Code, after taking the advice of the Departmental Council for the Environment and Health and Technology Risks and having notified the concessionaire of the proposed revision of the regulations. The concessionaire has the right to be heard by the council or to appoint an agent for that purpose. He must be informed by the Prefect at least eight days in advance of the Council meeting.
No work altering those of the provisions of the works that have been the subject of administrative authorization may be carried out after the report of schooling of work without the completion of the formalities provided for in this title.
Where the proposed work and modifications are likely to affect the interests referred to in Article L. 211-1 of the Environmental Code, the proposed work under Article R. 521-45 of this Code shall be accompanied by all the elements necessary to assess this impact. In this case, the approval order for the execution of the work, if any, sets the additional requirements after the advice of the departmental council of the environment and health and technological risks. The draft order is notified to the concessionaire, who has the power to be heard by the council or to designate an agent for that purpose. He must be informed by the Prefect at least eight days in advance of the Council meeting.
A sign, plate or inscription indicating the date of the concession is affixed to the work or installation, or close to them, during the entire construction site.
Without prejudice to the application of articles L. 122-1 and IV of Article R. 123-1 of the Environmental Code, maintenance work related to works or carried out within the scope of the concession and large repairs are authorized by order of the prefect. This Order may include additional requirements, based on a project of execution, where the importance or impact of this work, particularly in relation to the interests referred to in Article L. 211-1 of the Environmental Code, warrant it.
In this case, in order, in particular, to ensure respect for the balanced and sustainable management of the water resource referred to in Article L. 211-1 of the Environmental Code, the execution project, accompanied by all the elements necessary to assess its impact, is submitted to the prefect, and the order is taken after notice of the departmental council of the environment and health and technological risks. The draft order is then notified to the concessionaire, who has the power to be heard by the council or to designate an agent for that purpose. He must be informed by the Prefect at least eight days in advance of the Council meeting.
Work that is carried out to prevent a serious and emergency hazard is exempted from the procedures set out in section R. 521-53 of this Code and must only be reported on their impact on the elements referred to in section L. 211-1 of the Environmental Code. This report is sent to the Prefect and, if applicable, to the Minister for Energy.
When the modifications affecting the essential characteristics of the concession require an avenger to the concession, the application for an avenger, established in the form of the record provided for in section R. 521-14, is addressed to the competent administrative authority. The application shall be conducted in accordance with, as the case may be, subsection 3 or subsection 4 of section 2 of this chapter.
This instruction is exempted from the formality of display in town hall provided for by each of these subsections and from the completion of a public inquiry conducted in accordance with Chapter III of Book I of the Environmental Code and the provisions of Article R. 521-17 of this Code, on double condition:
1° That these amendments do not give rise to work referred to in Article R. 123-1 of the Environmental Code;
2° In addition, they are not likely to result in significant infringements of the rights of third parties or the environment.
In the event that the terms of reference of the concession provide for an opportunity to review, at the end of an operating period, the flow maintained in the river, this revision shall be effected by a reasoned decision of the Minister responsible for Energy, after the agreement of the countersigning ministers of the concession decree, or of the prefect when the development falls within his powers, and in all cases after the concessionaire has been heard.
The prefect is competent to take, on behalf of the Minister for Energy, all acts relating to the management of the concededed public hydroelectric domain, with the exception of the decommissioning decisions, which are pronounced, on the report of the prefect, by the Minister for Energy.
However, when the right of the concession extends over several departments, these acts, with the exception of declassification decisions, are taken jointly by the prefects concerned on the proposal of the prefect coordinator mentioned in articles R. 521-1 and R. 521-15, which is also responsible for coordinating the action of the State on the concession.
The extension of hydraulic power concessions is governed by the provisions of section 40 of Act No. 93-122 of 29 January 1993 on the prevention of corruption and the transparency of economic life.
Dealers are subject to the obligation under section 40-1 of Act No. 93-122 of 29 January 1993 on the prevention of corruption and transparency of economic life.
The establishment of the servitudes provided for in Article L. 521-9, whether or not the concession is declared public utility, shall be carried out according to the provisions of Articles L. 323-1 to L. 323-9 and R. 323-7 et seq.
Disputes relating to the amount of compensation due to aqueduct, submersion, occupation and extraction of materials under section L. 521-11 are submitted to the expropriation judge.
Within eighteen months of the application by the competent administrative authority and no later than five years before the normal expiry date of the concession title, the concessionaire shall provide the concessionaire, in a number of copies that it fixes, with an end-of-concession record.
This file includes, in accordance with the terms and conditions of execution and surrender specified by decree of the Minister of Energy, the elements allowing the competent authority to have all the documents relating to the concession, including administrative documents, acts under private or notarial seing, and contracts to assess its extent, consistency and management, history and description, as well as the appreciation of the state of the equipment, buildings, constructions and constructions and
The competent prefect may, at the expense of the outgoing concessionaire, carry out an expertise of all or part of the file by a third party organization and may, by a reasoned request, request the outgoing concessionaire any additional parts, information and expertise.
If the concessionaire refuses to provide a piece or information that it holds and is necessary for the examination of the record within the time limit set out in the notice to it by the competent prefect, the competent authority may, after placing the concessionaire in a position to present its written or oral submissions, impose the fine provided for in Article L. 512-2. It advises it by registered letter with request for a notice of receipt.
If the instruction falls within its jurisdiction, the Minister responsible for energy, after having obtained the agreement of the Minister responsible for the environment, decides on the termination or continuation of the operation of the works. It notifies its decision motivated to the concessionaire and publishes it in the Official Journal of the French Republic.
If the instruction falls within the competence of the prefect, the prefect shall decide on the termination or continuation of the operation. It shall notify the concessionaire and publish it in the Compendium of the administrative acts of the prefecture.
The amount of the entry fee provided for in section L. 521-17 covers all expenses incurred by the granting authority for the award of the new concession, including:
1° Reimbursement to the outgoing concessionaire on the non-earmarked part of the work in the registry provided for in Article L. 521-15 and specified by Article 52 of the standard specifications of the hydraulic companies granted;
2° Where applicable, the allowances paid by the grantor on the occasion of the redemption of a concession contract whose works are included in the new concession;
3° Where applicable, the allowances paid by the grantor on the occasion of the redemption of the facilities referred to in Article 55 III and IV of the standard specifications of the hydraulic companies granted, included in the new concession;
4° Any other expenditure incurred by the granting authority on the occasion of the selection, instruction and award of the new concession, in particular the costs of expertise and publication.
The concessionaire is required to allow eligible applicants to submit an offer to access the facilities, in accordance with the terms defined by the control service after consultation with the concessionaire and specified in the consultation regulation referred to in R. 521-8.
A petitioner whose application for concession is instructed in accordance with, as the case may be, sub-section 3 or sub-section 4 of section 2 of this chapter may access the existing facilities of the concession in accordance with the terms defined by the control service after consultation with the concessionaire.
At least one year before the end of the concession, the concessionaire will hand over to the control service a record that certifies the good state of operation and maintenance of the concession dependencies and indicates the conditions under which it will cease operation.
The control department may request additional information and expertise from the outgoing dealer and, if necessary, make an expert review by a third party at the expense of the outgoing dealer.
The competent authority shall give notice of this record or, where appropriate, shall communicate to the operator the additional measures that it intends to prescribe in order to guarantee the conditions of termination of the operation. The operator has a period of one month to present written or oral comments and to propose a work program subject to the assessment of the control department. The competent authority then prescribes the measures it considers necessary to guarantee the conditions of termination of the operation.
The competent authority shall, by a written act that it transmits to the outgoing concessionaire, the implementation of these measures by enforcement or schooling minutes.
In the event of delay or failure in the execution of these measures, the prefect may, in accordance with the provisions of article 34 of the standard specifications annexed to Decree No. 99-872 of 11 October 1999, require the concessionaire to record in the hands of a public accountant an amount corresponding to the estimate of the amount of work to be carried out. It is, if any, proceeded to the recovery of this sum as in the state matter. This amount is either returned as the transaction is performed by the concessionaire or used on its own behalf for its execution at the dealer's expense and risk.
At the end of the concession, if any after the designation of the future concessionaire, the outgoing concessionaire shall, contradictoryly with the State and, where appropriate, in the presence of the future concessionaire, establish a report setting out the condition of the concession, to which the future concessionaire may request its observations to be annexed.
The general purpose agricultural groupings that may benefit from the water and force reserves provided for in Article L. 522-2 of this Code are agricultural cooperative companies and agricultural collective interest companies, governed respectively by Articles L. 521-1 et seq. and L. 531-1 et seq. of the Rural and Maritime Fisheries Code, which continue land improvement or processing of agricultural or forestry products.
Industrial or artisanal enterprises that, under Article L.522-2, may, by decision of the department, benefit from water and force reserves are those that, in the course of investment in the creation of activities, of recurring of establishments in difficulty, of extension of activities or internal conversions, undertake to create or maintain a number of permanent or seasonal jobs that are periodically determined at least equal to that of the department.
The creation or maintenance of employment must result from the recruitment or retention of persons related to the enterprise in full or part-time employment and, in the event of a re-establishment, persons related to the establishment by an indeterminate employment contract or a seasonal work contract with a re-appointment clause. The creation or maintenance of jobs is appreciated given the evolution of the overall workforce in the department.
The decision by which the department assigns reservations to a company sets the time limit for the creation or maintenance of jobs. This period may not exceed two years from the award decision. The department may, notwithstanding the provisions of Article D. 522-5, delete in whole or in part the benefit of the award if it appears from the expiry of this period that the company has not fulfilled its commitments.
The energy reserves allocated to the beneficiaries referred to in sections L. 522-2 and L. 522-3 are subject to a payment by the concessionaire in the form of a financial regulation, the amount of which is equal to the total amount of energy reserved by the concessionaire multiplied for each type of entitled by a percentage, defined within the limit of 50% by decree of the ministers responsible for the economy and energy, of the reference price of the electricity of the
This reference price is the average rating of the product on the French stock market over the last 12 months.
The amount of reserved energy is known to be delivered to a constant power throughout the year.
For each industrial or artisanal company, this amount is charged to 54,000 euros per three-year period.
Reservations issued prior to the entry into force of section 91 of Act No. 85-30 of 9 January 1985 shall be paid in accordance with the terms referred to in section R. 522-3. However, the percentage mentioned in this article is assessed from the discount rates provided for in Decree No. 55-178 of 2 February 1955, multiplied by a coefficient fixed by decree of ministers responsible for the economy and energy according to the power subscribed and within the limit of 2.
The financial compensations for the energy reserves referred to in Article L. 522-1 and the last paragraph of Article L. 522-2 shall be fixed under the conditions referred to in Article R. 522-3 for a type of possessed power greater than 250 kilovoltampers in high voltage.
For the determination of the maritime transport capacity referred to in Article L. 631-1, self-propelled vessels are considered to be capable of navigating in the high seas, in all areas and at all times, and for the carriage of crude oil. The non-self-contained storage vessels, the vessels immobilized on the occasion of a technical stop for a period of more than forty-five days, for the duration of the stop, or the ships disarmed, for the duration of their disarmament.
These vessels must either belong in full ownership to the obligation referred to in the first paragraph, or be chartered to more than one year by that subject. In both cases, the subject-matter releases its obligation directly or through subsidiaries controlled to more than 50 per cent or through any other legal form recognized as equivalent by the Minister responsible for the merchant marine.
Conditioners may associate to have a transport capacity under the same conditions.
The maritime transport capacity to be disposed of by each subject under section L. 631-1 is estimated on average per calendar year. The transport capacity available to the subject may vary during the year; However, unless the Minister responsible for the Merchant Navy appreciates force majeure, it cannot be less than the level of the obligation mentioned in the previous paragraph of more than 30 per cent or for more than ninety consecutive days. Daily surpluses and deficits observed during the same year can be offset.
The surpluses of the last semester of a year may be deferred within 15 p. 100 of the level of the obligation of the following year, subject to compliance with the provisions of the preceding paragraph.
The capacity of each vessel is measured by multiplying its heavy-duty tonnage, free sea-water edge, by the fraction of the year, itself calculated on the basis of the number of days, during which the vessel was actually under the French flag at the disposal of the obligation.
In order for vessels to be taken into account in calculating the transport capacity they have disposed of for a particular calendar year, the owners of the distillation units must communicate to the Minister responsible for the Merchant Navy before January 31 of the following year, a statement including the name of the ships and retracing their use during the reporting year.
Subjects may make transport capabilities available to other carriers so that they meet the obligation referred to in section L. 631-1. The Minister responsible for the Merchant Navy must be informed beforehand of these provisions.
When an atmospheric distillation unit has changed ownership over the course of the year, the bond is distributed among successive owners proportionally to the tonnage of crude oil entering the bond plate during the period when they have been the owner of the distillation unit considered.
Pursuant to Article L. 631-1, the ratio between, on the one hand, the marine transport capacity to be disposed of by the owner of an atmospheric distillation unit in an applied plant of crude oil refinement in metropolitan France, expressed in tons of heavy port and assessed under the conditions set out in Articles R. 631-1 to R. 631-3 and, on the other hand, the quantities of crude oil used as a base of 5 tonnes
The quantities of crude oil used as a bond are the amounts of crude oil or equivalent, imported or introduced into the national territory, which have entered the atmospheric distillation units of the plant engaged in refinement during the previous calendar year, multiplied by a coefficient of refaction.
This refaction coefficient is calculated annually by refinery as the ratio between:
- on the one hand, the quantities of petroleum products for energy use derived from the refinery, which are not the subject of a sale of firm products for a period of more than one year to a foreign country or a refining contract to a foreign country:
- on the other hand, the total quantities of petroleum products from the refinery.
To be taken into account, for a given year, in the calculation of the refaction coefficient, the refinement contracts in a manner or term sale mentioned above must include a calendar per calendar year and be reported to the ministers responsible for energy and the merchant marine before September 30 of the year for which the quantities of crude oil are calculated as a bond base. The amounts entered and executed under contracts concluded after September 30 are taken into account in the calculation of the coefficient of the following year. The refining contracts in such a way or for sale in the future are taken into account for the only quantities exported after the declaration.
For the purposes of section R. 631-5, petroleum products for energy use are:
1° Propane, butane, excluding butane and propane destined for vapocraqueur;
2° The G.P.L. fuel;
3° Superfuel;
4° Auto gasoline;
5° Aviation gasoline;
6° Super leadless 95;
7° Leadless gasoline;
8° The super leadless 98;
9° Carburetors;
10° The diesel fuel;
11° Domestic fuel;
12° Heavy fuel No. 1;
13° Heavy fuel No. 2 TBTS < 0.5 per cent;
14° The heavy fuel no. 2 BTS at 0.5-1 percent;
15° The heavy fuel no. 2 BTS at 1-2 per cent;
16° The heavy fuel no. 2 HTS 2 per cent;
17° The heavy energy residue;
18° The heavy fuel "silver".
Liquid or liquefied hydrocarbon transport pipelines of general interest because they contribute to national or regional energy supply within the meaning of Article L. 555-25 of the Environmental Code are subject to the provisions of Chapter V of Book V of the Environmental Code and to the provisions of this chapter.
If the application for authorization to construct and operate a new transportation channel is submitted on behalf of a corporation already incorporated, the application file under section R. 555-8 of the Environmental Code is supplemented by the statutes and the list of shareholders or associates of the petitioner company holding more than 1% of the social capital, with the indication of the number of securities held by each of them.
If the grantee of the authorization does not submit the projects for the execution of the work or fails to complete the work and does not put the facilities in service under the conditions laid down by the authorization order, the Minister responsible for Energy shall issue a notice to the Minister setting a time limit for the completion of these obligations.
If the operation is interrupted, in part or in whole, it is provided at the cost and risk of the recipient. The Minister responsible for energy shall issue a notice to him, setting a time limit to resume service.
If, at the expiry of the time limits set out under the two preambular paragraphs, and in the absence of any force majeure cases, the detention has not been carried out, the authorization may be withdrawn by an order made by the competent authority to issue the authorization.
The provisions of this chapter apply to public interest channels regardless of the date of their authorization order.
The Minister for Energy may object, within one month of the notification provided in the first paragraph of section L. 641-2, to planned operations if they are likely to adversely affect the country's oil supply or seriously disrupt the market.
During the same period, the planned operations can only be undertaken if they are subject to explicit agreement.
Any project referred to in section L. 641-2 of this Code shall be notified to the Minister responsible for Energy to grant its agreement under the conditions provided for in this section, unless the Minister enters within the framework of a direct investment transaction under sections L.151 and R. 151 to R. 153 of the monetary and financial code.
The notification file includes a general presentation of the project, an estimate of its cost, the indication of its technical and economic justifications and its possible consequences on the country's oil supply.
For projects within the framework of a controlled direct investment transaction pursuant to sections L. 151 and R. 151 to R. 153 of the monetary and financial code, the notification of the transaction to the Minister responsible for the economy shall be notified in the sense and for the application of section L. 641-2 of this code.
The competent administrative authority to make the fine under section L. 641-3 is the Minister for Energy.
Without prejudice to specific provisions resulting from the regulations in force, the use of petroleum products must comply with technical or safety rules relating to:
1° Manufacture for the domestic market, detention for use or sale, as well as the conditions for the installation and operation of equipment and apparatus using these products;
2° The characteristics of petroleum products at all stages of their commercialization after delivery to domestic consumption.
For the purposes of this section, are considered petroleum products, provided that their boiling temperature exceeds - 50° C under an absolute pressure of 1 bar, products consisting of mixtures of natural hydrocarbons or derived from physical or chemical treatments of natural hydrocarbons and similar composition products obtained by synthesis or by other processes. These products may include other substances in the proportion of not more than 30% by mass.
However, those of these products whose boiling temperature under an absolute pressure of 1 bar is between - 50° C and + 15° C shall, downstream of the holder, be subject to the provisions of Decree No. 62-608 of 23 May 1962 establishing the technical and security rules applicable to the fuel gas installations, excluding those provided for in this section.
A technical committee on the use of petroleum products gives its opinion on technical issues of a general interest, including the use of petroleum products submitted to it by the Minister for Energy.
This committee includes representatives of the ministers concerned and members chosen because of their competence and activity, appointed by the Minister for Energy.
Its composition as well as its organizational and operating rules are determined by decree of the Minister responsible for energy.
Following advice from the Technical Committee on the Use of Petroleum Products, Orders of the Minister for the Environment or, as appropriate, Interdepartmental Orders, on its initiative, determine safety rules, may make the application of approved standards mandatory and establish the terms and conditions of control and, where applicable, transitional measures concerning:
1° Industrial, boiler, ovens or any appliances that implement petroleum products;
2° Heating facilities and appliances;
3° Thermal engines;
4° Products storage facilities;
5° The operating conditions of all these facilities.
I. - When detained for sale, put on sale or sold after delivery to domestic consumption, must conform to the characteristics of their name:
1° Leadless superfuels, aviation species, special A, B, C, D, E, F, G, H, white-spirits, light naphta-type cuts, gasoline-type carburetors;
2° Lamping oils, other liquid fuels for mobile heating appliances, kerosene-type fuels;
3° diesel, diesel fuels;
4° Domestic fuel, light marine diesel, heavy fuel, marine fuel oil;
5° Liquefied natural gas, liquefied petroleum gas, commercial butane, commercial propane, other liquefied petroleum gases;
6° Natural gas in the gaseous state, other oil gases in the gaseous state;
7° The greasing oils;
8° Vaselines, oil waxes, paraffins;
9° Pure bitumens, fluidized bitumens;
10° Oil coke.
II. - For each of these products, these characteristics determine the appropriate physical, chemical or organoleptic properties such as:
1° The appearance, color, consistency, smell, flavor and any other organoleptic property;
2° Viscosity, penetrability, ductility, cold, heat or pressure, surface tension and all lubrication characteristics;
3° Lightning or fire point, octane or cetane indices, combustion and substitution or mixture characteristics to other fuels;
4° The acid index, emulsivity, corrosive, anticorrosive or insulating properties, electrical or dielectric characteristics;
5° The limits of various impurities (including water, sediments, sulphur, asphalt, metals and metalloids), as additives or tracer agents;
6° Chemical composition, limit content in different types of hydrocarbons or substances other than hydrocarbons.
III. - Test methods and criteria for interpreting the results of the measures relating to these characteristics are defined by a decision of the Minister for Hydrocarbons published in the Official Journal of the French Republic.
The measures to implement this section, in particular with respect to the specific provisions to be taken for each of the products listed in section R. 641-7 with a view to clarifying its characteristics, shall be determined, after the advice of the Technical Committee on the Use of Petroleum Products, by decrees of the Minister for Energy or, as appropriate, by interdepartmental orders taken on his initiative.
These Orders may also set the conditions for the registration of the name and any mentions that may accompany it, including the nature, price, mass or volume on containers, distributors, panels, invoices, trade papers and advertising documents.
It is prohibited to hold for sale, to sell or to sell after delivery to domestic consumption the petroleum products listed in section R. 641-7 and have been subject to an order under section R. 641-8 under names other than that provided for in this section.
The use of any indication or sign likely to create in the mind of the purchaser confusion over the composition, material qualities, mass or volume of products whose characteristics have been arrested is prohibited in all circumstances and in any form.
The superfuel can only be sold or sold under the warranty of a registered trademark.
At all stages of sale, the name "super-fuel" must be accompanied by the name of this mark. This name and brand name must be included on invoices, trade papers, advertising documents, placards or labels attached to distribution devices, tanks, tanks or containers.
Derogations from the safety rules or standards referred to in section D. 641-6 and defined by the orders provided for in section D. 641-6 may be granted, on an exceptional and temporary basis, by a decision of the Minister responsible for the environment under the conditions laid down by these Orders.
Derogations from the characteristics referred to in section D. 641-9 and defined by the decrees provided for in section D. 641-10 may be granted, on an exceptional and temporary basis, by a decision of the Minister for Energy and under the conditions established by these Orders.
The safety rules for mobile liquid fuel heating appliances are set out in Decree No. 92-1280 of 10 December 1992.
For the calculation of the rate of 10% in the second paragraph of Article L. 641-6:
1° Only gasoline, diesel, biofuels and electricity consumed in road and rail transport are taken into account in the denominator;
2° All types of energy, produced from renewable sources, consumed in all modes of transport are taken into account in the numerator.
The contribution of electricity produced from renewable sources and consumed in all types of electric vehicles for the application of 1° and 2° is calculated on the basis of the national average share that represented two years before the year considered the electricity produced from renewable sources in total electricity production; Moreover, the consumption of electricity produced from renewable sources by electric road vehicles is considered to represent twice and a half the energy content of the electricity supply produced from renewable sources;
Biofuels and bioliquids produced from waste and residues, non-food cellulosic materials and lignocellulosic materials are counted for double their real calorific value. The list of these biofuels and bioliquids is set by a joint decree of ministers responsible for ecology, energy, customs and agriculture, respectively. The order specifies the terms of the double count to exclude any fraudulent use.
The obligation to reduce greenhouse gas emissions under Article L. 641-7 is implemented under the following conditions:
1° Target to be achieved by 31 December 2020 at the latest: 6%;
2° Target to be reached by 31 December 2020: 2% additional indicative. These 2% can be obtained by at least one of the following methods:
(a) The use of electric energy in any type of non-road road vehicle or mobile device, including inland navigation vessels, agricultural and forestry tractors and pleasure craft;
(b) The use of any technology, including the trapping and storage of carbon dioxide, which could reduce greenhouse gas emissions generated throughout the life cycle of the fuel or energy provided;
3° Target to be reached by 31 December 2020: 2% additional indicative. These 2% can be obtained through the use of credits acquired under the greenhouse gas emission quotas provided for in sections L. 229-5 et seq. of the Environmental Code, with a view to reducing emissions in the fuel supply sector.
A fine provided for in Article 131-13 of the Criminal Code for First Class Contraventions shall be liable to manufacture for the domestic market, the detention for the use or sale, the sale and installation of equipment and apparatus listed in Article D. 641-6 and not in accordance with the technical and security provisions enacted under this section.
A fine provided for in section 131-13 of the Criminal Code shall be liable to the failure by the installer to issue a certificate before the installation is put into service, when the production of such a document is provided for by the regulations adopted under this section.
The silence held by the Minister for Energy and the Minister for the Environment for more than two months on the application for exemption referred to in section D. 641-11 is a decision to reject.
The Professional Committee on Strategic Petroleum Stocks is a professional economic development committee whose exclusive mission is to ensure the formation and conservation of crude oil and petroleum products stocks under the conditions set out in Articles L. 642-5 and L. 642-6.
The Professional Committee on Strategic Petroleum Stocks is administered by a Board of Directors of thirteen members, appointed by Order of the Minister for Hydrocarbons, including:
1° Nine members appointed on the proposal of professional organizations representative of operators subject to the obligation to establish strategic stocks, namely:
(a) Six members on the proposal of the French Union of the Oil Industry;
(b) A member on the proposal of the French Federation of Independent Petroleum;
(c) One member on the proposal of the French Fuels, Fuels and Heating Federation;
(d) One member on proposal from the Union of Independent Petroleum Importers;
2° Two members appointed because of their skills;
3° Two members appointed on the proposal of Ministers responsible for the economy and budget respectively.
Alternate members, called to replace incumbent members in the event of absence or incapacity, may be designated under the same conditions.
The mandate of the members of the Council is three years; It's renewable. It may be terminated by order of the Minister responsible for energy in the event of loss of quality in consideration of which the appointment was decided. In the case of members mentioned in the 1st and 3rd of Article R. 642-2, this order is taken after notice of the public organisations or authorities on the proposal of which the appointment intervened. The Minister also has, under the same conditions, the right to fill any vacancy that has occurred during the remaining term of office.
Professional staff are free of charge.
The Board of Directors chooses within it, by majority of its members and by secret ballot, a President and a Vice-President.
He may appoint a general delegate to ensure the performance of the Board's decisions and the day-to-day management of the committee.
The committee is subject to budgetary control under Decree No. 2012-1246 of 7 November 2012 on budgetary management and public accountant.
The Energy Director shall serve on the committee as Commissioner of the Government.
The Commissioner of the Government and the member of the General Economic and Financial Control Corps shall, with an advisory voice, attend all meetings of the Council and any commission that he may establish. They can be represented.
The Board of Directors defines the committee's policy as part of the mission defined in section R. 642-1. It controls its implementation.
It establishes, inter alia:
1° The rules of organization and operation of the committee;
2° The rules that determine the remuneration of the services rendered by the committee in accordance with the last paragraph of section L. 642-6;
3° The amount of the bonds referred to in the 2nd of Article L. 642-7 and the 2nd of Article L. 642-9;
4° The rules of pay for services rendered to the committee by service providers referred to in Article L. 642-5;
5° The composition and conditions of disposal of stocks constituted in accordance with the terms and conditions set out in article R. 642-9.
The Board of Directors shall determine the committee's budget each year at least one month before the beginning of the next fiscal year.
It establishes the location plan for strategic stocks under its authority. This plan is approved by order of the Minister for Energy.
The decisions of the Board of Directors shall be notified in writing and without delay to the Commissioner of Government and to the Budgetary Comptroller. They become enforceable in full right if none of them has vetoed it within eight days of their notification. The decision suspended by the effect of the veto becomes enforceable in full law if it is not confirmed as the case may be, by order of the Minister for Energy or the Minister for Budget within fifteen days of the date on which it was opposed.
The budgetary controller's veto can only focus on board decisions affecting the financial balance of the committee.
The purpose of the committee is to ensure the formation and conservation of the strategic stocks of petroleum products referred to in Article L. 642-5, which include specific stocks defined in Article 2 of Council Directive 2009/119/EC of 14 September 2009 requiring Member States to maintain a minimum level of crude oil stocks and/or petroleum products, the nature and minimum level required by order of the Minister for Energy.
The substitution authorization, provided for in section D. 1336-51 of the Defence Code, is granted to the committee by order of the Minister for Energy. This Order specifies, by category of products in Article L. 642-3 of this Code, the quantities and qualities of products allowed in substitution as well as the maximum rate resulting from the obligation remaining to the carriers.
For the purpose of the mission defined in the first paragraph, the committee shall record:
1° Stocks that are the property of the Anonymous Security Inventory Management Corporation (SAGESS), under the conditions established by a convention between the committee and that company and approved by joint decree of Ministers responsible for Customs and Energy;
2° Provision of petroleum products by another EU Member State or a central storage entity (ECS), as defined in Article L. 642-1-1 of this Code, or by an economic operator; made available shall be the subject of contracts with the third parties concerned under the conditions laid down in Article D. 1336-52 of the Defence Code. These stocks cannot be recorded as specific stocks.
The committee is required to provide monthly information to the Minister responsible for Energy on how it performs its mission, on the location of the stocks constituted in accordance with the terms and conditions set out in section R. 642-9 and on the disposition received.
For the purposes of section L. 661-2, biofuels and bioliquids governed by this chapter shall meet the durability criteria set out in sections L. 661-3 to L. 661-6 and specified in sections R. 661-2 and R. 661-3.
However, the sustainability criteria defined in section L. 661-5 are exempted from biofuels and bioliquids produced from waste and residues other than residues from agriculture, aquaculture, fisheries and forestry. The list is set by joint decree of ministers responsible, respectively, for ecology, energy, customs and agriculture.
For the purposes of Article L. 661-4, a joint decree of Ministers responsible, respectively, for ecology, energy, customs and agriculture defines the modalities for calculating reductions in greenhouse gas emissions resulting from the production and use of biofuels and bioliquids for transport.
I. - The high-value biodiversity land, referred to in the 1st of Article L. 661-5, includes:
1° Primary forests or other wooded areas composed of native gasoline, where there is no clear indication of human intervention and ecological processes are not significantly disrupted;
2° Areas affected by the law or by a public person for the protection of nature and areas affected to the protection of ecosystems or rare, threatened or endangered species, recognized by international conventions or agreements or included in the lists established by intergovernmental organizations or the International Union for the Conservation of Nature, subject to their recognition by the European Commission, unless it is established that the production of the raw materials does not compromise
3° Prairies with a high biodiversity value including:
(a) Natural grasslands meeting criteria and located in geographical areas defined by the European Commission;
(b) Non-natural grasslands that, without human intervention, would lose their prairie character and are rich in species and non-degraded, unless it is established that the harvest of raw materials is necessary to preserve the prairie character.
The prohibition set out in 1° of section L. 661-5 applies to lands that were of high value to biodiversity as of January 1, 2008, or later acquired, whether or not they have retained that character.
II. - Lands with an important carbon stock, referred to in 2° of Article L. 661-5, include:
1° Wetlands, that is, permanently covered or saturated water lands or during an important part of the year;
2° Continuous forest areas of a surface of more than one hectare characterized by a tree population of more than five metres high and frondides covering more than 30% of the surface or by a settlement of trees capable of reaching these in situ thresholds;
3° The ranges of more than one hectare characterized by a tree population of a height greater than five metres and frondides covering between 10% and 30% of the surface or by a tree settlement capable of reaching these in situ thresholds, unless it is established that the carbon stock of the area, before and after conversion, meets the conditions set out in Article L. 661-4.
The prohibition set out in 2° of section L. 661-5 does not apply if obtaining raw materials is not likely to compromise the character of these lands as of January 1, 2008.
III. - The prohibition in section L. 661-5, 3°, does not apply if it is established that the cultivation and harvesting of raw materials from peatlands does not imply the drainage of previously undrained soils.
IV. - The justifications to be provided to avail themselves of the exceptions provided for in 2° and 3° of I, 3° of II and III must be submitted by the producer of raw materials under conditions and in terms defined by joint decree of ministers responsible, respectively, of ecology, energy, customs and agriculture.
V. - The requirements and rules as well as the good agricultural and environmental conditions, referred to in Article L. 661-6, are those set out in Article 43 and Annex IX of Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing the rules relating to direct payments to farmers under the support regimes under the Common Agricultural Policy and repealing Regulation (EC) No. 637/2008 of the Council
The economic operators who:
1° Produce or harvest raw materials used for the production of biofuels or bioliquids;
2° Collect, store and market these raw materials in their unprocessed state;
3° Transform raw materials and market intermediate processed products;
4° Produce and market biofuels and bioliquids;
5° Make mixtures of biofuels and bioliquids and market these products;
6° Incorporate these products to produce fuels or liquid fuels, as defined in the Customs Code, which they put to consumption.
Each economic operator shall indicate to the agency designated in section R. 661-9 that of the systems provided for in section L. 661-7 to which it uses to justify that the sustainability criteria have been met. When using a voluntary system or agreement with third countries recognized by the European Commission, it shall transmit to it the reference of the decision of the European Commission recognizing that system or agreement and the documents attesting to its accession to that system or agreement.
In order to demonstrate continuous compliance with sustainability criteria, economic operators that mix batches of raw materials, semi-finished products or biofuels and bioliquids with different durability characteristics use a mass balance system to ensure that:
1° Information on the durability characteristics and volume of each batch remains relevant to characterize the mixture of these lots;
2° The sum of batches that will be taken from the mixture will present the same durability characteristics in the same quantities as the sum of batches that were added to the mixture.
The control provided for in Article L. 661-7 allows to verify whether the system used by the operator is accurate, reliable and fraud-proof. The control assesses the frequency and method of sampling and the validity of the data.
When using the national system, the operator under categories 1 to 5° of section R. 661-4 shall prepare and transmit to the customer a certificate of durability that contains all the information relevant to the durability criteria, for each batch delivered with raw materials, semi-finished products or biofuels and bioliquids.
This includes information on the place of purchase, origin, nature and quantity of products and measures taken to protect soils, water, air, to restore degraded lands, to avoid excessive water consumption in areas where water is scarce and to take into account social requirements.
A joint decree of Ministers responsible, respectively, for ecology, energy, customs and agriculture, specifies the conditions for the application of this article, particularly with regard to the procedure for accession to the national system, the list of information to be included on certifications, and the conditions for recognition of certifying bodies.
The operator of category 6° of section R. 661-4 shall, in view of, among other things, a declaration of durability for each batch of biofuels and bioliquids incorporated in fuels and fuels consumed. It shall transmit it to the designated body in section R. 661-9 upon consumption.
To benefit from the tax benefits attached to these fuels and fuels, it also addresses the declaration of sustainability to the customs administration.
Ministers responsible for ecology, energy, customs and agriculture, respectively, are a body responsible for the sustainability of biofuels and bioliquids.
This body creates a dematerialized information system that meets conditions, including for archiving procedures, determined by decree of ministers responsible for ecology, energy, customs and agriculture. It manages this information system that includes the directory of the relevant economic operators, the systems or agreements to which everyone has declared to use and the information contained in the certificates and declarations of sustainability.
It provides economic operators with tools for the implementation of biofuel and bioliquid sustainability criteria.
It manages the national system for the economic operators that use it. As such, it shall take all measures to ensure that economic operators provide reliable information, make available to it, upon request, the data used to compile this information, submit their information to the control of the certifying bodies and justify the existence and frequency of these controls.
It provides its support to the State services in the exercise of their control missions. It provides the ministers responsible for ecology and energy with all the information and data needed to prepare reports to be communicated to the European Commission.
As a transitional measure, the Minister for Energy shall carry out the tasks set out in section R. 661-9.
Joint Orders of Ministers responsible for ecology, energy, customs and agriculture respectively specify the terms and conditions for the application of this chapter.
In the department of Guadeloupe and in the local authorities of Guyana and Martinique, the prefect fixes the maximum prices of petroleum products under the conditions set out in this section. These prices are calculated on the basis of costs incurred by companies and the remuneration of capital or, where applicable, their trade margin.
I. - Are regulated prices:
1° Leadless and diesel superfuels;
2° Domestic fuel;
3° Lamping oil;
4° Heavy fuels.
II. - For each of the products listed in I, the Prefect fixes by order:
1° The maximum price, excluding taxes, from refinery exit, excluding deposit;
2° If applicable, the maximum price, excluding taxes, of imports, excluding deposit;
3° The maximum price, excluding taxes, of transporting fuels between Guadeloupe, Guyana and Martinique and for the entire territory of this department and these local authorities;
4° The maximum price, excluding taxes, from transfer to deposit;
5° The maximum price, all taxes included, of distribution at the wholesale stage and at the retail stage.
III. - The maximum prices mentioned in II are:
1° Fixed on the first day of each month in each department and community, taking into account changes in the non-tax rates under sections R. 671-3 and R. 671-4;
2° Modified at any time, taking into account changes in fees and taxes seated on these products.
I. - The maximum prices, excluding taxes, of refinery exit, excluding deposit, referred to in R. 671-2, are fixed to an identical level by the prefect.
They are established, according to a method specified by decree of ministers responsible for the economy, energy and overseas, respectively, according to:
1° Average costs of imports of raw material calculated:
(a) Prorated quantities imported during the period from the second to the thirteenth months prior to the date of pricing;
(b) From the respective reference ratings on the actual areas of supply, Franco on board, and the average price of the dollar, excluding any non-listed supplement;
(c) On the first fifteen working days and listed the previous month;
2° The cost of insurance and freight;
3° Relevant and duly justified costs of the refining company, whose assessment can be modified once a year based on changes in these costs, as well as productivity efforts made by that company;
4° The reasonable remuneration of the refining corporation's capital, as specified by the interdepartmental order mentioned above.
II. - Where applicable, in order to set the maximum prices, excluding taxes, of the imports of refined products referred to in R. 671-2, the prefect shall take into account:
1° Average costs of imported refined products, calculated:
(a) From the respective reference ratings on the actual areas of supply, Franco on board, and the average price of the dollar, excluding any non-listed item;
(b) On the first fifteen working days and listed the previous month;
2° The cost of insurance and freight;
3° Relevant and duly justified costs of companies involved in the import of these refined products, which can be modified once a year based on the changes in these costs, as well as the productivity efforts made by these companies.
III. - An additional amendment to the assessment referred to in 3° of I and II may take place in the year in the event of exceptional circumstances.
IV. - The quotes referred to in this article are expressed in United States dollars (USD) and are those published by a rating company designated by a decree of ministers responsible for the economy, energy and the whole RMA respectively. The dollar is the course published in the Official Journal of the French Republic.
The maximum prices, excluding taxes, for the delivery of petroleum products from the refinery and for the transfer of the products referred to in I of Article R. 671-2 are fixed to an identical level, for the purpose of mutualization, between Guadeloupe, Guyana and Martinique and for the entire territory of this department and these territorial authorities.
They are based on the relevant and duly justified costs, which can be modified once a year based on the changes in these costs, as well as productivity efforts made by the refinery company. An additional amendment to this evaluation may take place in the year in the event of exceptional circumstances.
For the distribution, at the wholesale and retail stage, of the petroleum products listed in the I of Article R. 671-2, a fixed prefectural order according to a method specified by decree of the ministers responsible for the economy, energy and overseas:
1° The maximum wholesale margin, calculated from the distribution costs of these products to retail outlets;
2° The maximum retail margin, calculated from the distribution costs of these products to the end consumer in retail outlets.
The wholesale margin referred to in 1° is determined on the basis of documents transmitted by wholesalers to the prefect and justifying the reality of the costs exposed, including the transport costs. These documents are required to include a summary of gross assets and net assets allocated by each wholesaler to regular fuel distribution activities.
It is taken into account, at the stage of the distribution of bulk of the petroleum products listed in I of Article R. 671-2, the volume effect induced by the expansion of the fluids due to the ambient temperature, the recording of the volumes of petroleum products out of refinery or storage warehouse being carried out at the temperature of 15° C.
Changes in the margins mentioned above may occur once a year, depending on the changes in the relevant and duly justified costs, as well as the productivity efforts made by the companies concerned. An additional change in these margins may occur in the year in the event of exceptional circumstances.
In the department of Guadeloupe and the local authorities of Guyana and Martinique, the prefect fixes monthly by order:
1° The maximum selling price, excluding taxes, of liquefied petroleum gas billed from the plant by the company responsible for the refinement;
2° Where applicable, the maximum price, excluding taxes, of imported liquefied petroleum gas;
3° The maximum price, excluding taxes, of the conditioned liquefied petroleum gas;
4° The maximum price, all taxes included, for retail sale of liquefied petroleum gas.
The maximum selling price, excluding taxes, of the liquefied petroleum gas billed at the start of the plant by the company responsible for the refinement, mentioned at the 1st of section R. 671-6, is fixed on the first day of each month at an identical level in the department of Guadeloupe and the communities of Guyana and Martinique, according to the same terms as those provided for in article I R. 671-3, the rating being replaced
Where applicable, the maximum price, excluding taxes, of imported liquefied petroleum gas, referred to in 2° of section R. 671-6, is fixed on the first day of each month in accordance with the terms set out in II of section R. 671-3, with the quotas of petroleum products being replaced by those of gas products.
The maximum price, excluding taxes, of the conditioned liquefied petroleum gas, referred to in the 3rd of Article R. 671-6, may be amended once a year to take into account the evolution of the relevant and duly justified costs, as well as the productivity efforts of the companies concerned.
An additional amendment to this price may take place in the year in the event of exceptional circumstances.
The maximum retail price, including all taxes, of the liquefied petroleum gas mentioned in the 4th of section R. 671-6 is:
1° Fixed, on the first day of each month, in each department, to take into account changes in the non-tax rates made under sections R. 671-7 and R. 671-8;
2° Modified at any time to take into account changes in fees and taxes on these products.
These prices may be amended once a year to reflect changes in the relevant and duly justified costs of retailers and their productivity efforts.
An additional change in these prices may occur in the year in the event of exceptional circumstances.
A prefectural order sets out the list of product storage facilities referred to in article I R. 671-2 and article R. 671-6 that are essential to the distribution of these products and that it would be impossible to reproduce by economically reasonable means. Companies that operate these facilities allow economic operators to access these facilities in non-discriminatory conditions and use cost-oriented prices, including reasonable capital remuneration.
Companies carrying a monopoly activity in the storage of products referred to in Article R. 671-2 and Article R. 671-6, which are in competition with other operators in related markets to this storage activity, shall each year transmit to the prefect a separate balance sheet and result account for each of their activities carried out in monopoly and competition respectively.
Once a year, the Prefect presents to the Observatory of Prices, Margins and Revenues referred to in Article L. 910-1 A of the Code of Commerce the price changes arising from the implementation of this section, in view of the variations in the prices of raw materials. The president of the observatory invites the operators of the relevant sectors to this presentation.
The Observatory of Prices, Margins and Revenues makes public, each year, the overall results of companies in the sector, in conditions fixed by decree of ministers responsible for the economy, energy and the overseas.
The commission of this observatory specializing in fuel and gas is informed of the proposed amendments to the prices set out in this section.
For the purposes of the provisions of this Article, a decree of Ministers responsible for the economy, energy and overseas, respectively, specifies the elements of cost and productivity appreciation as well as the list of supporting documents that the companies concerned are required to transmit to the prefect.
In the Department of La Réunion, the Prefect fixes the maximum prices of petroleum products under the conditions set out in this section. These prices are calculated on the basis of costs incurred by companies and the remuneration of capital or, where applicable, their trade margin.
I. - The prices are regulated:
1° Leadless and diesel superfuels;
2° Domestic fuel;
3° Lamping oil;
4° Liquefied petroleum gas.
II. - For each of the products listed in I, the Prefect fixes by order:
1° The maximum price, excluding taxes, imports, excluding deposit;
2° The maximum price for deposit, excluding taxes, for petroleum products and the maximum price for deposit and bottling, all taxes included, for gas products;
3° The maximum price, all taxes included, of distribution at the wholesale stage and at the retail stage.
III. - The maximum prices mentioned in II are:
1° Fixed on the first day of each month, taking into account the changes in the non-tax rates made under sections R. 671-16 and R. 671-17;
2° Modified at any time to take into account changes in fees and taxes seated on these products.
The price of imports mentioned in 1° of II of Article R. 671-15 takes into account:
1° Average costs of imported products, calculated:
(a) From the respective reference ratings on the actual areas of supply, Franco on board, and the average price of the dollar, excluding any non-listed item;
(b) On the first fifteen working days and listed the previous month.
The reference quotes, expressed in United States dollars (USD), are those published by a rating company designated by a decree of ministers responsible for the economy, energy and the overseas, the price of the dollar is the course published in the Official Journal of the French Republic;
2° The cost of insurance and freight;
3° Relevant and duly justified costs of companies involved in imports, whose assessment can be modified once a year, depending on the changes in these costs, as well as the productivity efforts made by these companies.
An additional amendment to this evaluation may take place in the year in the event of exceptional circumstances.
The maximum price of deposition and botling of products, referred to in 2° of II of Article R. 671-15, may be amended once a year to take into account the evolution of the relevant and duly justified costs as well as the productivity efforts made by the companies concerned. An additional amendment to this price may take place in the year in the event of exceptional circumstances.
For the wholesale and retail distribution of the petroleum products listed in I of Article R. 671-15, a fixed prefectural order according to a method specified by a decree of the ministers responsible for the economy, energy and the overseas:
1° The maximum wholesale margin, calculated from the distribution costs of these products to retail outlets;
2° The maximum retail margin, calculated from the distribution costs of these products to the end consumer in retail outlets.
The wholesale margin referred to in 1° is determined on the basis of documents transmitted by wholesalers to the prefect and justifying the reality of the costs exposed, including the transport costs. These documents are required to include a summary of the gross assets and net assets assigned by each wholesaler to the regulated oil and gas distribution activities.
It is taken into account at the stage of the distribution of bulk of the petroleum products listed in I of Article R. 671-15 of the volume effect induced by the expansion of the fluids due to the ambient temperature, the counting of the volumes of petroleum products out of storage warehouse being carried out at the temperature of 15° C.
Changes in wholesale and retail margins, referred to in R. 671-18, may be made once a year, depending on the changes in the relevant and duly justified costs, as well as productivity efforts made by the companies concerned. An additional change in these margins may occur in the year in the event of exceptional circumstances.
A prefectural order sets out the list of product storage facilities referred to in I of Article R. 671-15 that are indispensable for the distribution of these products and that it would be impossible to reproduce by economically reasonable means. Companies that operate these facilities allow economic operators to access these facilities in non-discriminatory conditions and use cost-oriented prices, including reasonable capital remuneration.
Companies carrying a monopoly activity in the storage of products referred to in I of Article R. 671-15 and which are in competition with other operators in related markets to this storage activity shall each year transmit to the prefect a separate balance sheet and result account for each of their activities carried out in monopoly and competition respectively.
Once a year, the Prefect presents to the Observatory of Prices, Margins and Revenues referred to in Article L. 910-1 A of the Code of Commerce the price changes arising from the implementation of this section, in view of the variations in the prices of raw materials. The president of the observatory invites the operators of the relevant sectors to this presentation.
The Observatory of Prices, Margins and Revenues makes public, each year, the overall results of companies in the sector, in conditions fixed by decree of ministers responsible for the economy, energy and the overseas.
The specialized commission referred to in article R. 671-13 of this code is informed of the proposed amendments to the prices set out in this section.
For the purposes of the provisions of this Article, a decree of Ministers responsible for the economy, energy and overseas, respectively, specifies the elements of cost and productivity appreciation as well as the list of supporting documents that the companies concerned are required to transmit to the prefect.
In the Department of Mayotte, the Prefect fixes the maximum prices of petroleum products under the conditions set out in this section. These prices are calculated on the basis of costs incurred by companies and the remuneration of capital or, where applicable, their trade margin.
I. - The prices are regulated:
1° Leadless and diesel superfuels;
2° Domestic fuel;
3° Lamping oil;
4° Liquefied petroleum gas.
II. - For each of the products listed in I, the Prefect fixes by order:
1° The maximum price, excluding taxes, imports, excluding deposit;
2° The maximum price for deposit, excluding taxes, for petroleum products and the maximum price for deposit and bottling, all taxes included, for gas products;
3° The maximum price, all taxes included, of distribution at the wholesale stage and at the retail stage.
III. - The maximum prices mentioned in II are:
1° Fixed on the first day of each month to take into account the changes in non-tax prices made under sections R. 671-25 and R. 671-26;
2° Modified at any time, taking into account changes in fees and taxes seated on these products.
The price of imports referred to in 1° of II of Article R. 671-24 shall be determined according to:
1° Average costs of imported products calculated:
(a) From the respective reference ratings on the actual areas of supply, Franco on board, and the average price of the dollar, excluding any non-listed item;
(b) On the first fifteen working days and listed the previous month.
The reference quotes, expressed in United States dollars (USD), are those published by a rating company designated by a decree of ministers responsible for the economy, energy and overseas; the dollar is the course published in the Official Journal of the French Republic;
2° The cost of insurance and freight;
3° Relevant and duly justified costs of companies involved in imports, whose assessment can be modified once a year based on the changes in these costs and the productivity efforts made by these companies.
An additional amendment to this evaluation may take place in the year in the event of exceptional circumstances.
The maximum price of deposition and botling of products, referred to in 2° of II of Article R. 671-24, may be amended once a year to take into account the evolution of the relevant and duly justified costs as well as the productivity efforts made by the companies concerned. An additional amendment to this price may take place in the year in the event of exceptional circumstances.
For the wholesale and retail distribution of the petroleum products listed in I of Article R. 671-23, a fixed prefectural order according to a method specified by a decree of the ministers responsible for the economy, energy and overseas:
1° The maximum wholesale margin calculated from the distribution costs of these products to retail outlets;
2° The maximum retail margin calculated from the distribution costs of these products to the end consumer in retail outlets.
The wholesale margin referred to in 1° is determined on the basis of documents transmitted by wholesalers to the prefect and justifying the reality of the costs exposed, including transport costs. These documents require a summary of the gross assets and net assets assigned by each wholesaler to the regular distribution of petroleum and gas products.
It is taken into account at the stage of the distribution of bulk of the petroleum products listed in I of Article R. 671-24 of the volume effect induced by the expansion of the fluids due to the ambient temperature, the counting of the volumes of petroleum products at the outlet of storage warehouse being carried out at the temperature of 15° C.
Changes in the wholesale and retail margins referred to in R. 671-27 may take place once a year depending on the changes in the relevant and duly justified costs and the productivity efforts made by the companies concerned. An additional change in these margins may occur in the year in the event of exceptional circumstances.
A prefectural order sets out the list of product storage facilities referred to in I of Article R. 671-24 that are indispensable for the distribution of these products and that it would be impossible to reproduce by economically reasonable means. Companies that operate these facilities allow economic operators to access these facilities in non-discriminatory conditions and use cost-oriented prices, including reasonable capital remuneration.
Companies carrying a monopoly activity in the storage of products referred to in I of Article R. 671-24, which are in competition with other operators in related markets to this storage activity, each year transmit to the prefect a separate balance sheet and result account for each of their activities carried out in monopoly and competition respectively.
Once a year, the Prefect presents to the Observatory of Prices, Margins and Revenues referred to in Article L. 910-1 A of the Code of Commerce the price changes arising from the implementation of this section, in view of the variations in the prices of raw materials. The president of the observatory invites the operators of the relevant sectors to this presentation.
The Observatory of Prices, Margins and Revenues makes public, each year, the overall results of companies in the sector, in conditions fixed by decree of ministers responsible for the economy, energy and the overseas.
The specialized commission referred to in article R. 671-13 of this code is informed of the proposed amendments to the prices set out in this section.
An Order of Ministers for the Economy, Energy and Overseas specifies the elements of cost and productivity appreciation as well as the list of supporting documents to be forwarded to the Prefect.
Any operator of a facility that develops a power greater than 3500 kW and produces heat, either as a principal or as an accessory, communicates to the prefect of the department where this facility is located:
1° The nature and location of the facility;
2° The duration and duration of the installation;
3° Nominal power of equipment or all equipment;
4° Operating conditions: usable thermal power, number of hours of annual, seasonal, weekly and daily use;
5° Thermal loss dissipation mode (cooling system);
6° The possible recovery and current use of all or part of these losses, the amount of recoverable heat;
7° Where applicable, the nature, purity, temperature, flow of fluid(s) used for the recovery or dissipation of thermal losses and variations of thermal losses.
This information is communicated within six months of the commissioning of a new facility.
Any modification of a registered facility is subject to a new declaration under the same conditions.
Failure to disclose the statement under section R. 711-1 constitutes a contravention of Class 4.
The technical and economic study provided for in section L. 711-2, prior to the realization of any power plant of more than 100 megawatts, is presented to the Minister responsible for energy.
The terms and conditions under which the continuity of the supply of a network is ensured and which, under section L. 711-3, are included in the contract between the thermal energy producer and the network operator, include:
1° The duration during which the producer undertakes to provide heat;
2° The technical conditions of this supply: quantity, pressure, temperature;
3° The conditions of continuity of the supply;
4° The manner in which such supply may cease or be reduced and their financial consequences;
5° The notice period.
For the purposes of sections L. 712-1 to L. 712-3 relating to the classification of a heat or cold network:
1° The sources of energy referred to in Article L. 211-2 shall be considered renewable energy;
2° Retrieval energies are considered: the non-biodegradable fraction of household or assimilated wastes, waste from communities, industrial wastes, stationery and refinery residues, retrieval gases (mines, cokerie, high-supplier, steel and fossil gas) and the recovery of heat on wastewater or fatal heat, other than the cogeneration heat produced by a facility
The threshold of 50% of renewable or recovery sources required in section L. 712-1 for the classification of a heat or cold network is estimated with respect to all of the energy injected into the network and all of the energy sources used, on the one hand, and within the scope of the contract or the control, on the other hand. The reference period for assessing this threshold is defined by a Minister's Energy Order.
The application for the classification or modification of the classification of a heat or cold network is submitted, for a network existing by the owner, for a network to be created by the owner, or by their agent.
The application file for classification or modification of the classification of an existing network includes:
1° Network management mode;
2° The identity of the network owner and, where appropriate, of the company to which the management of the network is entrusted;
3° The description of the roles and relationships of all stakeholders on the network;
4° The main characteristics of the network as well as those of the energy sources used;
5° The amount of heat or cold injected into the network for each of these sources in a calendar year;
6° The rationale for the sustainability of renewable energy sources or used recovery energies;
7° The justification for the actual counting of the quantities of energy delivered by delivery point;
8° The number of users connected to the network at the time of the classification request and its predictable evolution during the classification period, as well as an estimate of the quantities of energy distributed;
9° The duration of the proposed classification, which must be in relation to the depreciation duration of the network facilities;
10° The priority development scope(s) envisaged;
11° A situation plan, a distribution network diagram, a plan showing the network service area and parts of that area where one or more priority development perimeters are proposed;
12° An explanatory notice justifying the compatibility of these priority development areas with the provisions of existing urban planning documents;
13° A forecasted statement of revenues and expenditures spread over time, justifying the financial balance of the operation during the depreciation period of the facilities given the needs to be met;
14° The proposed tariff conditions for the different categories of subscribers connected to the network as a result of the classification, and the main conditions of their evolution: fees and connection fees, prices of subscriptions and kilowatt hours provided, revision formulas;
15° Indicators on the technical and economic performance of the network;
16° An energy audit of less than three years, whose content and procedure are determined by a decree of the Minister responsible for energy.
The application file for the classification of a network to be created includes a feasibility study covering the elements mentioned in 1° to 14° of Article R. 712-3 and indicators relating to the technical and economic performance objectives of the network.
The classification of a hot or cold network, existing or to be created, shall be pronounced for a specified period that may not exceed thirty years by deliberation of a territorial community or a group of territorial authorities, if any after having collected the advice of the advisory commission of local public services provided for in Article L. 1413-1 of the general code of territorial authorities.
The classification decision specifies:
1° The identity of the owner of the network and, where applicable, of the company to which the management of the network was entrusted;
2° The duration of the classification;
3° The definition of one or more priority development areas;
4° For each priority development perimeter, the economic conditions of connection and tariff beyond which a derogation from the connection obligation may be granted.
The classification decision is published in the compendium of administrative acts of the territorial community or the group concerned. It is mentioned in two regional or local newspapers broadcast on the territory concerned.
The classification decision is brought to the attention of the relevant urban planning communities in the territory concerned, with a view to deferring the priority development scope(s) in urban planning documents.
As a result of the approval or revision of a local urban planning plan, or of an urban planning document taking place, in respect of the territory on which a classified heat or cold network is located, the community or grouping of communities having decided the classification of this network shall, within six months after the publication of the approved or revised plan or document, determine the possible consequences of this plan or document on the priority development or document.
For the application of the connection requirement under section L. 712-3:
1° Is considered as a new building a newly constructed building whose application for a building permit has been filed after the classification decision or a new building or elevation exceeding 150 m2 or 30% of the surface of existing premises within the meaning of the thermal regulation defined in section R. 111-20 of the Construction and Housing Code;
2° Is considered as a building undergoing major renovation work:
(a) A building or part of a building subject to articles R. 131-25 and R. 131-26 of the Construction and Housing Code;
(b) A building with heating or a common air conditioning in which the heating or cooling system is replaced by a power greater than 30 kilowatts;
(c) A building in which an industrial heat or cold production facility is replaced with a power greater than 30 kilowatts.
The derogation, provided for in the second paragraph of section L. 712-3, from the obligation to connect to a classified network of heat or cold, is the subject of a justified request, submitted by the owner of the facility concerned or by his representative to the community or community group that created the priority development scope(s).
An exemption from the requirement to connect to a heat or cold network may only be granted if:
1° The installation is powered, to meet its heating, air conditioning or hot water requirements, to more than 50% over a whole calendar year, by energy produced from locally available renewable sources but unsusceptible to be operated by the network;
2° The installation presents a need for heat or cold which the technical characteristics are incompatible with those offered by the network;
3° The installation cannot be powered by the network within the time required to meet the heating or hot water needs or, in the case of cold networks, within the time required to meet the air conditioning needs of the user, unless the operator puts in place a transitional solution that will allow the user to supply heat or cold;
4° The installation cannot be connected to the network under economic conditions of connection and tariffs below the thresholds set out in the classification decision for the priority development area.
The derogation is deemed to be granted if the request is not received within four months of receipt of the request.
When the heat or cold network was no longer fed to more than 50% on average for three consecutive years by renewable energy or recovery or when it no longer meets the regulatory requirements for counting the quantities of energy delivered, the community or the grouping of the communities concerned repeals the classification decision after it has allowed the operator to submit its observations.
The repeal decision is published in the forms set out in section R. 712-5.
The repeal of the classification decision deprives of their effects the corresponding priority development areas.
The territorial community or the grouping of territorial authorities that has decided the classification shall publish annually a report on the operation of the previous year of the classified network, if any after having collected the opinion of the advisory commission of local public services provided for in section L. 1413-1 of the general code of territorial authorities.
This report includes:
1° The annual balance of energy used according to their origin;
2° Energy performance of generator(s) and primary distribution network;
3° The condition of the tariff conditions granted to the different categories of subscribers indicating the decomposition of costs;
4° The greenhouse gas emissions from the network.
The pipes of a diameter greater than 700 mm are declared of general interest by decree in the Council of State, those whose diameter is lower are by prefectural order.
This declaration is subject to compliance with the conditions set out in Article L. 721-2.
The application for a declaration of general interest in the construction of heat distribution pipes is established by the carrier or distributor and addressed to the Prefect who transmits it to the Minister responsible for energy, where the Minister is competent to decide on the application.
The application for a declaration of general interest indicates:
1° The name and nature of the requesting body;
2° The nature and location of thermal energy production facilities;
3° The essential characteristics of the structures to be established, including the diameter of the pipes;
4° A map detailing the route of pipelines and public domain loans;
5° An explanatory memorandum giving reasons that, from an economic point of view, justify the construction of the network and the amount of investment planned;
6° A study of the needs to be met and a preliminary operational assessment;
7° A draft terms of reference defining, inter alia, the obligations of the carrier or distributor with respect to the safety and protection of the environment and the terms and conditions of connection and the tariff clauses applicable to the provision of energy to users;
8° Where applicable, the list of easements to be considered for establishment;
9° If applicable, an impact assessment.
The public inquiry prior to the declaration of general interest is carried out in the forms provided for in chapter III of title II of Book I of the Environmental Code, if this code imposes an impact assessment, and in the other cases in the forms provided for in article L. 110-2 of the Code of Expropriation for public utility. She's driven by the prefect.
At the end of the public inquiry procedure, the prefect shall, after having collected the appropriate notices, either transmit the file to the Minister responsible for Energy, together with his opinion.
The statement of general interest:
1° Includes indications in the third and fourth paragraphs of Article L. 721-2;
2° May authorize the carrier or distributor to submit an application for the establishment by the administrative authority of the servitudes defined in section L. 721-4.
The final layout and the characteristics of the work are approved by the prefect.
The easements provided for in Article L. 721-4 include the obligation to:
1° For the carrier or distributor, on the one hand, to place the pipes in such a way that their superior generator is at least 0.80 metres below the level of the ground and, on the other hand, to construct only the delimitation terminals and the structures necessary for the operation of the pipes. These works have at most one square metre of ground right-of-way;
2° For owners or operators, to refrain, in the encumbered area of servitudes, in any way culturally exceeding 0.60 metres of depth and any planting of trees or shrubs.
With a view to the establishment of servitudes, the prefect prescribes a parcel investigation in the forms set out in chapter I of title III of Book I of the Code of Expropriation because of public utility.
For the purposes of the provisions of this code, the words "transporters or distributors" are substituted for the word "expropriating".
At the end of the public inquiry procedure, a prefect's order approves and institutes servitudes.
This order is notified to the persons concerned and posted to the town hall of the municipalities concerned.
No work may be undertaken by the carrier or distributor before the order establishing the easements has been notified to the interested owners under the following conditions:
1° If they have their domicile in the borough of the department where the goods are located or if they have chosen their domicile, the extract of the prefectural order concerning them is notified to them by the carrier or distributor by registered letter, with request for notice of receipt;
2° If the owners do not have a home in the borough of the department where the property is located or if their home is unknown, the extract of the prefectural order concerning them is notified to the mayor and the farmer, tenant, guardian or owner of the property.
The acts establishing the servitudes are published in the real estate file of the location of the buildings concerned or, for those located in the departments of Bas-Rhin, Haut-Rhin or Moselle, in the book FoncieR. The same is true of acts ending or modifying servitudes.
The allowances due to the establishment of the bondage are paid to the landowners and their landlords entitled to compensation for the actual injury suffered by them in their respective capacity.
In the absence of an amicable agreement, these allowances are fixed by the competent judge for expropriation because of public utility.
The application for acquisition under section L. 721-11 must be filed within one year of the parcel investigation referred to in section R. 721-8.
The declaration of general interest confers on the applicant the right to perform on and under public domains and their dependencies any work necessary for the establishment and maintenance of the transport and distribution of thermal energy by complying with the road regulations and other regulatory provisions relating to the occupation of the public domain.
Before undertaking work on construction, development or repair of a work involving the opening of a construction site for a public domain, the carrier or distributor obtains the approval of the emotional authority of that field.
He must inform eight days in advance:
1° Interested services and owners of the pipelines affected by the work, the opening of a construction site on the public domain;
2° Interested private owners, from the opening of a yard on their property.
The carrier or distributor is exempt from observing the eight-day delay in the event of an accident or incident requiring immediate repair. In this case, the Regional Director of the Environment, Planning and Housing and interested local services must be notified of this and must justify the urgency of the work within 24 hours.
As soon as required by the competent authority for security reasons or in the interest of the public domain in question, the carrier or distributor is required to carry out, at its expense and without compensation, the movement of the pipelines that it has established on or under this domain.
The conditions of displacement are determined after consultation between the public domain's affective authority and the relevant deconcentrated services either at the time of the establishment of the pipelines or when the movement of the pipelines for one of the reasons indicated in the preceding paragraph appears necessary. In the event of a disagreement, the prefect stops these conditions.
The carrier or distributor is required to comply with its obligations under technical regulations, including those set out in Chapter VII of Book V of the Environmental Code.
Within three months of the commissioning of a pipeline, the carrier or distributor is required to submit the plans to the Regional Director of the Environment, Planning and Housing, and to the public domain manager.
The technical control of the construction and operation of the works defined in section L. 721-1 is provided by the Regional Director of Environment, Development and Housing. The Director may communicate the documents of any kind necessary for the performance of his or her mission.
The carrier or distributor shall, in three copies, address an annual operating report showing:
1° The state and maintenance of pipelines over the past year;
2° Operations incidents;
3° The control operations he carried out;
4° The work carried out;
5° The volume of traffic;
6° The cost of these different operations.
Investigation fees are charged to the application. These include, among other things, the compensation awarded to investigators and the notification or display fees incurred during the course of the instruction of applications for the classification of general interest or servitudes.
Done on December 30, 2015.
Manuel Valls
By the Prime Minister:
Minister of Ecology, Sustainable Development and Energy,
Royal
