Offshore Wind Worldwide 2022 edition - Flipbook - Page 69
Offshore Wind Worldwide 2022
B. S
cheme in relation to exclusivity to
construct, own and operate a
project, as well as to receive feed in
revenues
French OWF projects can, in theory, be
realised under two different schemes. In
theory, any operator is entitled to apply for
the required authorisations (see section III.
below) and, once obtained, to operate any
OWF. Whereas all regularly authorised OWF
projects allowed, in theory, in the past, the
operators to conclude a PPA with EDF under
which: (i) EDF was obliged to buy the energy
produced; and (ii) according to a subsidised,
fixed feed-in tariff scheme (as onshore wind
farms), only a very limited number of
offshore wind projects – some floating
offshore wind installations which won a
specific French or European call for tenders
– are still eligible to the fixed feed-in tariff
scheme.
In practice, French OWF projects are
nowadays awarded and developed under a
specific public tendering scheme, which
allows it inter alia to derogate from the fixed
feed in tariff regime and to match the specific
cost structure of a given OWF project, but
also to ease considerably the permitting
process and timeline. If the production
capacities in the OWF sector are insufficient
to achieve the goals fixed in the MAEP –
which is currently the case – the Government
can organise a call for tender for the building
and operation of an OWF.10
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The successful bidder has the right to get an
authorisation to operate the OWF and to
conclude a PPA or an additional
remuneration contract with EDF. However,
he has to obtain the authorisations relating
to environment protection and occupation of
the maritime public domain (see section
III.B. below).
The framework of public tender procedures
is as follows:
Whereas the call for tenders was the sole call
for competition procedure that can be used
to attribute the building and operation of
OWF, another procedure, called competitive
dialogue, has existed since 2016.11
Firstly, in a call for tenders,12 the Minister in
charge of energy establishes the
specifications (“cahier des charges”), in
which it mentions, amongst other
information: (i) the maximum power sought
and the geographic area; (ii) a description of
the installations, including their technical
features, duration and financial modalities of
the PPA or additional remuneration
contract; and (iii) the modalities and
regulations for the call for tenders, including
the bid award criteria. Risk-sharing
provisions may be granted under the tender
framework as a further incentive package, in
particular as regards a change in law or force
majeure risks. The tender specifications are
submitted to the CRE’s opinion.
10 Article L.311-10 of the Energy Code.
11 Ordinance n°2016-1059 dated 3 August 2016 relating to electricity production coming from renewable energies and decree n°2016-1129
dated 17 August 2016 relating to competitive dialogue process for the electricity production installations.
12 Article R.311-1 and following of the Energy Code.