Offshore Wind Worldwide 2022 edition - Flipbook - Page 74
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foreseeable future projects –, this licence is
deemed to be obtained.18
In contrast, the successful bidder is
responsible for obtaining the two other
authorisations.
Secondly, the producer/operator has to
obtain an authorisation to use the maritime
public domain, by means of the conclusion of
a lease of the seabed with the State
(“concession d’utilisation du domaine public
maritime”).19 This authorisation is granted
by the Prefect, after an administrative
investigation, and aims to define technical
prescriptions of the occupation and fees due
by the operator. It is subject to: (i) an EA,20
and (ii) a public inquiry.21 The
authorisation’s duration cannot exceed 40
years.
If, in the future, an OWF were to be awarded
outside of the French territorial waters, but
inside the French EEZ, the producer would
have to obtain a “unique authorisation” in
accordance with provisions of the ordinance
n°2016-1687 dated 8 December 2016
relating to maritime spaces which are under
French Republic’s sovereignty or
jurisdiction.22
Hogan Lovells
France
Thirdly, the producer/operator has to obtain
an environmental authorisation, which is
known as the “unique environmental
authorisation”, as it actually gathers in one
single authorisation several licences and
authorisations pertaining to several distinct
legislations and regulations.23 This
authorisation is also granted by the Prefect.
According to a recent law of 2018 which
eases the feasibility of the OWF projects,24 all
or part of the impact study can be
undertaken by the Minister in charge of
energy. This will help the candidates to
better adjust their offers and pricing to the
reality of the project and to allow all
candidates to submit bids based on similar
information.
According to the same law, these three
authorisations can define flexible/variable
features for the concerned projects, as
regards the number of wind turbines
concerned, their size and installed capacity,
or their organisation in the dedicated area.25
Thus, the projects can be modified after the
delivery of the authorisations without
requesting any new authorisation, for
example to adjust them to new technologies.
18 Article R.311-2 10° of the Energy Code, added by decree n°2018-1204 dated 21 December 2018 relating to authorisations procedures of
offshore renewable energy installations.
19 Articles L.2124-3 and R.2124-1 and following of the Code of public entities’ property.
20 Articles L.122-1 and R.122-2 of the Environment Code.
21 Article L.2124-3 of the Code of public entities’ property.
22 Articles 12 and 20 of the ordinance. The maritime prefect is entitled to deliver this authorisation (decree n°2013-611 dated 10 July 2013
regarding regulations applicable to artificial islands, installations, structures and their associated facilities on the continental shelf and in
the EEZ and ecological protection zone, and to submarine cables and pipelines, as modified by decree n°2021-1942 dated 31 December
2021).
23 Articles 181-1 and following, and R.181-54-1 and following of the Environment Code.
24 Law n°2018-727 dated 10 August 2018 for a State serving a society of trust and decree n°2018-1204 dated 21 December 2018 relating to
authorisations procedures of offshore renewable energy installations.
25 Article L.181-28-1 of the Environmental Code. This mechanism is called “envelope permit” (“permis enveloppe” in French).