Offshore Wind Worldwide 2022 edition - Flipbook - Page 78
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taking longer than six years after the award
of the projects claim against an
administrative authorisation and judicial
proceedings exceeding 54 months,
administrative proceedings in respect of the
authorisation to use the maritime public
domain and other environmental
authorisations exceeding six months, or in
case of “imprévision” events (i.e hardship/
unforeseen events). It can also be postponed,
after commissioning, in case of
“imprévision” or unavailability of the grid
system.
Under the third tender (Dunkirk OWF)
procedure, the duration of the CfD is reduced
if the deadline for commissioning is not
respected. It is reduced by the number of
days between the effective date of
commissioning and the contractual deadline
for commissioning.
Before commissioning, the duration of the
CfD can be extended under certain
circumstances in a number of instances.
These instances are that of: (i) a delay in the
grid connection facilities’ commissioning
which cannot be indemnified according to
the specifications (on this indemnification
process, see section V. below); (ii) a claim
against an administrative authorisation; (iii)
the delayed delivery of the authorisation to
use the public domain – i.e more than 12
months after the request; (iv) the late
delivery of the environmental authorisation
– i.e more than 18 months after the request;
(v) a pending claim against the decision of
the Minister in charge of energy awarding
the project to the successful bidder or EU
Hogan Lovells
France
Commission decision on the compatibility of
the tender with the domestic market,
whereas claims against administrative
authorisations are served; or (vi) the
recognition by the Government of a ground
for an excusable event/exemption of liability.
The CfD can also be postponed, after
commissioning, for an “imprévision” event.
The deadline for commissioning can also be
postponed under the same circumstances.
C. Examples of actual and future tariffs
As explained above, tariffs are fixed at the
end of the tendering procedures, depending
on tariffs offered by the candidates in
accordance with the specifications of the
tender.
Concerning rounds 1 (Saint-Nazaire,
Courseulles-sur-mer, Fécamp and SaintBrieuc) and 2 (Iles d’Yeu et de Noirmoutier,
and Dieppe-Le Tréport) of the calls for
tenders, tariffs were fixed at around 200
Euro per MWh.
However, many actions have been brought
against administrative authorisations and
therefore have considerably delayed most of
those projects, so that none of those OWF
has been fully completed to date, which
results in no offshore wind installation
granted under these tenders being yet
operational. Taking into account the
important change in market prices and
conditions occurred since the initial launch
of the first two calls for tenders, the French
State has decided in 2018 to renegotiate the
prices offered to the winning bidders of the