Offshore Wind Worldwide 2022 edition - Flipbook - Page 72
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possibility of postponing the deadline for
commissioning, the PPA or additional
remuneration contract (see section IV.B.
below), notably in case of “imprévision”, or
to get an indemnification from the electricity
transport grid operator in case of delay in the
grid connection of the installation (see
section IV.D. below).
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 II.A. 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.
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 II.B. above).14
14 Article L.311-10-1 of the Energy Code.
15 Article L.311-15 of the Energy Code.
16 Article R.311-13 of the Energy Code.
Hogan Lovells
France
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.15 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.
D. T
imeframe for the realisation
of the project
As a principle, the delay to commission the
offshore wind installation is generally set in
the specifications of each tender.16
Under the French OWFs first call for tenders’
specifications, the project holder has to
commission: (i) at least 20% of total power
of the installation at the latest six years after
having been chosen to implement the
project; at least 50% at the latest seven years
after the same date; and (iii) the entire OWF
installations at the latest eight years after the
same date.