Hogan Lovell OffshoreBook 2023 230809 OnlinePDF - Flipbook - Page 92
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3. PUBLIC LAW AND
REGULATORY PERMITS
3.1 Regulatory permits required for the
construction and operation of the offshore wind farm and the onshore grid
connection
The construction and operation of an OWF
requires obtaining three main authorisations: namely a licence to operate an electricity production unit, an authorisation to use
the maritime public domain and an environmental authorisation. Unlike onshore wind
farms, no building permit is required. 20
The RTE has to obtain separately its own
permits and authorisations/expropriation
rights for the completion of its grid connection works (see section 5 below).
3.2 Permitting process
Each wind farm shall be built and operated
on the basis of the aforesaid three main
authorisations, which have been simplified
over time.
Firstly, the producer/operator has to obtain
a licence to operate an electricity production unit (regulatory licence).
His licence is granted by the Minister in
charge of energy at the end of the tender to
the successful bidder. Moreover, when the
installation is implemented through a public
France
tender and its installed capacity is less or
equal to 1 GW – i.e., for all the current projects in France and also for the foreseeable
future projects except the Centre Manche
2 project –, this licence is deemed to be
obtained. 21
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"). 22 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:
(a) an EA; 23 and
(b) a public inquiry. 24 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
20 Articles L.421-5 and R.421-8-1 of the Code of urban planning.
21 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.
22 Articles L.2124-3 and R.2124-1 and following of the Code of public entities’ property.
23 Articles L.122-1 and R.122-2 of the Environment Code.
24 Article L.2124-3 of the Code of public entities’ property.
