Offshore Wind Worldwide 2022 edition - Flipbook - Page 73
Offshore Wind Worldwide 2022
Under the second call for tenders’
specifications, the project holder has to
commission: (i) at least 40% of total power
of the installation at the latest 87 months
after having been chosen to implement the
project; (ii) at least 90% at the latest 99
months after the same date; and (iii) the
entire OWF installations at the latest 111
months after the same date.
Under the third call for tenders’
specifications, the project holder has to
commission the entire OWF installation no
later than at the latest date between: (i) 84
months after the Minister in charge of energy
has notified to the prospective candidate its
designation; and (ii) 12 months after the
deadline for national operator of the
electricity transport grid (in French: Reseau
de transport d’électricité – RTE) to make
connection facilities available – which is
fixed at 42 months after the latest date
between the delivery of the authorisation to
use the public domain relating to undersea
grid connection facilities and the delivery of
the environmental authorisation needed to
implement undersea grid connection
facilities.
73
III. Public law and Regulatory Permits
A.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. No building permit is required
in opposition to onshore wind farms.17
The RTE has to obtain separately its own
permits and authorisations/expropriation
rights for the completion of its grid
connection works (see section V. below).
B. 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
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
17 Articles L.421-5 and R.421-8-1 of the Code of urban planning.