The Grenelle 2 Law also contains exceptional provisions designed to encourage the development of sea-based energies, which were enhanced by the Law of 17 August 2015 on Energy Transition for Green Growth.
In addition, Article 18 of Law no. 2014-1545 of 20 December 2014 on the simplification of corporate life empowers the Government to set up a dedicated,comprehensive authorisation system for sea-based facilities that produce renewable energy and that are located in the maritime public domain, and for the connection structures for these facilities. Moreover, Decree no. 2016-9 of 8 January 2016 simplified the legal procedures that are applicable to sea-based renewable energy projects that win competitive tendering procedures.
Furthermore, the Law of 17 August 2015 on Energy Transition for Green Growth Provides an exceptional appeal timeframe for the benefit of “facilities that produce energy from renewable sources” of four months in which to contest an authorisation,as from, respectively, either the publication of the authorisation, or its notification.
Pursuant to Articles R. 421-1 and R. 421-2 of the French Urban Planning Code, a building permit must be obtained for land-based wind farms with a height equal to or greater than 12 metres. However, the environmental authorisation granted for the completion of an onshore wind farm project is exempted from the requirement for a building permit, in accordance with Article R. 425-29-2 of the French Urban Planning Code. For its part, the construction of wind farms on the public maritime domain is exempted from the requirement for a building permit, in accordance with Article R. 421-8-1 of the French Urban Planning Code.
In addition, the Grenelle 2 Law provides that onshore wind farms are now subject to the nomenclature applicable to ICPEs with the legal system of authorisation or declaration (see section 1.5.3.2.1 “Regulations applicable to facilities classified for the protection of the environment (ICPEs)”) under section 2980 “Terrestrial facilities for the generation of electricity using mechanical wind energy with one or more wind-power generators”. In connection with the application for a building permit, animpact study must be performed for wind farms that are subject to authorisation and submitted with the building permit file.
The Law of 17 August 2015 on Energy Transition for Green Growth amended the rules on the distance required between wind farms and housing: the minimum distance of 500 metres is maintained, but may be increased in light of the impact study, which is part of the authorisation application. It also inserted provisions into Article L. 146-4.I of the French Urban Planning Code that are designed to facilitate the location of land-based wind farms in municipalities concerned by the “Coastline”Law. A decree is also expected to clarify the rules on wind farm location with regard to military facilities and sectors, weather monitoring equipment and air navigation equipment.
The operator of a wind farm, or in the event of default, the parent company, is responsible for decommissioning the farm and site restoration, as soon as operation is terminated for any reason (Articles L. 553-3 and R. 553-1 of the French Environment Code). For this purpose, the operator is required to lodge financial guarantees as of the start-up of generation and for subsequent depreciation periods.
The authorisations relating to the generation and transmission works necessary for the development of offshore wind farm projects are subject to a specific mitigation framework, laid down by Decree No. 2016-9 of 8 January 2016. Decreeno. 2018-1054 of 29 November 2018 relating to onshore wind turbines and the environmental authorisation and introducing various provisions simplifying and clarifying environmental law simplifies, in particular, the law governing onshore wind turbine disputes.
Pursuant to the Grenelle 2 Law, Decree no. 2011-1697 of 1 December 2011, now incorporated into the French Energy Code, requires managers of public electricity transmission networks to perform regular verifications of the EMF caused by electric lines that transmit electricity.
Law no. 2015-136 of 9 February 2015 on simplicity, transparency, information and consultation regarding wave exposure introduced an obligation to provide information for persons who install equipment that emits electromagnetic fields on residential premises. In due course, this obligation may concern some entities of the EDF group.
