Offshore Wind Worldwide 2022 edition - Flipbook - Page 67
Offshore Wind Worldwide 2022
II. The Offshore Wind Promotion
system
A. Regulatory framework
The regulatory framework is defined by a set
of laws and decrees, giving a strong role to
the French Energy Regulatory Authority (in
French: the Commission de régulation de
l’énergie – CRE).
CRE is a main player in the OWF sector and
plays a strong role in setting the agenda for
the sector and its regulatory framework as it
helps the Government to, among other
things, prepare the competitive procedures
and to attribute the OWF projects.
The newest laws impacting the development
of OWF are the following.
Law n°2015-992 dated 17 August 2015
relating to energy transition for green growth
defines the framework of the French energy
policy and sets out its goals in terms of
production and consumption of renewable
energies (see section I. above), and creates
the MAEP mechanism evoked above.
Law n°2018-727 dated 10 August 2018 for a
State serving a society of trust takes into
account the lessons learned from the first set
of awarded OWF projects (the development
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of which was hindered by insufficient
preliminary studies and inadequate
permitting and ultra vires procedures), and
simplifies the permitting process and
increases the role of the Minister in charge of
energy – therefore unburdening the
operators of some tasks. More precisely, it
states that the Minister in charge of energy
requests the French national public debate
commission (“Commission nationale du
débat public”) to organise the participation
of the public before the award of the project.
It also allows the winning bidder of a tender
procedure to adapt its project to take into
account the technical progress that may have
appeared since the submission of its offer.
Finally, as mentioned above, law n°20191147 dated 8 November 2019 relating to
energy and climate, increases significantly
France’s goals in terms of electricity
produced by the OWF.
These laws and other applicable provisions
are mainly gathered in three different codes,
which are the Energy Code, the Environment
These laws and other applicable provisions
are mainly gathered in three different codes,
which are the Energy Code, the Environment
Code, and the Code of public entities’
property.