Hogan Lovell OffshoreBook 2023 230809 OnlinePDF - Flipbook - Page 90
90
France
The ponderation of these criteria has been
fixed at the end of the dialogue as follows:
75% for criterion (a), 15% for criterion (b), and
10% for criterion (c).
indemnification from the electricity transport grid operator in case of delay in the grid
connection of the installation (see section
5.4 below).
Concerning the fifth round (attribution of
250 MW for a floating wind farm in South
Brittany), the criteria are the same but in a
different order:
A very limited number of categories of
installations generating renewable energies,
including some floating wind installations,
can also benefit from the feed-in tariff
without it being implemented through a
tender process (see section 2.1 above). The
producers of all the other OWF installations
have to sell the electricity produced on the
market without any bonus. Consequently, in
practice, no OWF was implemented outside
of a public tender’s framework.
(a) the economic and financial value of the
offer, including the proposed price,
(b) the inclusion of the social and territorial
development issues; and
(c) the inclusion of the environmental
issues
and will/have also been weighted at the end
of the competitive dialogue.
2.3 Incentives for investments
For offshore wind installations implemented
through a tender process, the producer/
operator benefits from an advantageous
system for selling the electricity it produces.
He will indeed sell the electricity at a fixed
price or a fixed reference tariff that it would
have determined in its offer during the
tender process (see section 4.1 below for
more information on price fixing modalities).
Besides, the producer/operator is protected in case of project delays through the
possibility of postponing the deadline for
commissioning, the PPA or additional remuneration contract (see section 4.2 below),
notably in case of "imprévision", or to get an
18 Article L.311-15 of the Energy Code.
In addition, the OWF framework was recently clarified and simplified. The permitting
process has been eased, merged, and simplified and the ways to challenge them via
ultra vires challenges have been limited (see
section 2.2 above).
On the contrary, the successful bidder can
be financially sanctioned if it does not implement the project without a valid reason
– in particular if it violates some provisions
of the Energy Code or stipulations of the
tender specifications.18 The amount of
the penalty depends on the size/installed
capacity of the installation and on the seriousness of the breach, within a ceiling of 500
Euro per kW.
