OJ No. 171 of July 26, 2006 page 11134
text number 22
Decrees, Orders, Circulars
General texts
Ministry of Economy, Finance and Industry
Manufacturing
Order of July 10, 2006 setting the conditions for the purchase of electricity produced by installations that value biogas
NOR: INDI0607869A
The Minister for the Economy, Finance and Industry and the Minister for Industry,
Considering the law n ° 2000-108 of February 10, 2000 modified relating to the modernization and the development of the public service of electricity, in particular its article 10;
Considering the law n ° 2005-781 of July 13, 2005 of program fixing the orientations of the energy policy, in particular its article 76;
In view of decree n ° 2000-1196 of December 6, 2000 fixing, by category of installation, the power limits of installations that can benefit from the obligation to purchase electricity, in particular article 2 thereof;
Considering the decree n ° 2001-410 of May 10, 2001 modified relating to the conditions of purchase of the electricity produced by producers profiting from the obligation to purchase, in particular its article 8;
Having regard to the opinion of the Higher Council for Electricity and Gas dated May 30, 2006;
Having regard to the opinion of the Energy Regulatory Commission dated June 29, 2006,
Stop:
Article 1
This decree sets the conditions for the purchase of electricity produced by:
1 ° Installations which mainly use the energy released by the combustion or explosion of gases resulting from the decomposition or fermentation of products, wastes and residues from agriculture (including plant and animal substances ), forestry and related industries (including the food industry) or water treatment, as referred to in 5 ° of article 2 of the decree of December 6, 2000 referred to above;
2 ° Installations which recover, using biogas, household or similar waste mentioned in articles L. 2224-13 and L. 2224-14 of the general code of local authorities, mentioned in 1 ° of article 10 of the law of February 10, 2000 referred to above.
Article 2
The producer's installation is described in the purchase contract, which specifies its main characteristics:
1. Number and type of generators;
2. Maximum installed electrical power;
3. Maximum active electric power for supply (maximum electric power produced by the installation and supplied to the purchaser) and, where applicable, maximum active electric power for self-consumption (maximum electric power produced by the installation and consumed by the producer for his own needs);
4. Estimated average annual productivity (quantity of electrical energy that the installation is capable of producing on average over a period of one year);
5. Estimated annual average supply (quantity of electrical energy that the producer is likely to supply to the purchaser on average over a period of one year) and, if applicable, estimated annual self-consumption (quantity of electrical energy that the producer is likely to consume for his own needs on average over a period of one year);
6. Delivery point;
7. Delivery voltage;
8. Quantity of primary biogas energy estimated on an annual average and quantity of thermal energy valued estimated on an annual average.
Article 3
The date of full request for a purchase contract by the producer determines the prices applicable to an installation. This request is considered complete when it includes the copy of the notification letter mentioned in article R. 421-12 of the town planning code when a building permit is required, as well as the elements defined in the article 2 of this decree.
If the complete purchase contract request is made in 2006, the applicable rates are those of the appendix to this order.
If the complete purchase contract request is made after December 31, 2006, the applicable rates are those of the appendix to this order indexed on January 1 of the year of the request by applying the coefficient K defined below:
K = 0,5 ICHTTS10 + 0,5 PPEI0
ICHTTS1
PPEI
K = 0,5
+ 0,5
ICHTTS10
PPEI0
formula in which:
1 ° ICHTTS1 is the final value of the last known value on January 1 of the year of the request for the hourly labor cost index (all employees) in the mechanical and electrical industries;
2 ° PPEI is the final value of the last known value on January XNUMX of the year of the demand for the producer price index for industry and business services for the whole industry (market French);
3 ° ICHTTS10 and PPEI0 are the final values of the last values known on the date of publication of this decree.
Article 4
May benefit from a purchase contract at the rates defined in the conditions indicated in article 3 above, insofar as it complies on the date of signature of the purchase contract with the conditions of the decree of May 10, 2001 referred to above , an installation commissioned for the first time after the date of publication of this decree and whose electric generators have never produced electricity for self-consumption purposes or under a commercial contract. The purchase contract is concluded for a period of 15 years from the industrial commissioning of the installation. This commissioning must take place within three years from the date of the complete request for purchase contract by the producer. If this period is exceeded, the duration of the purchase contract is reduced accordingly.
Article 5
A producer who has submitted a complete request for a purchase contract on the basis of the amended decree of October 3, 2001 setting the conditions for the purchase of electricity produced by installations that recycle household or similar waste using biogas of discharge or of March 13, 2002 modified fixing the conditions of purchase of the electricity produced by anaerobic digestion for an installation whose putting into service did not intervene at the date of publication of this decree can deposit a new request for contract of 'purchase on the basis of this decree. This last request cancels and replaces the previous request.
Article 6
An installation commissioned before the date of publication of this decree, or which has already produced electricity for self-consumption or under a commercial contract, and which has never benefited from the obligation purchase can benefit from a purchase contract at the rates defined in the conditions indicated in article 3 above and multiplied by the coefficient S defined below:
S = (15 - N) / 15 if N is less than 15 years;
S = 1/15 if N is greater than or equal to 15 years,
where N is the number of years, whole or partial, between the date of commissioning of the installation and the date of signature of the purchase contract.
The producer provides the buyer with a sworn statement specifying the date of commissioning of the installation. The producer keeps the corresponding supporting documents (purchase invoices for the components, purchase contracts, invoices corresponding to the electricity produced since commissioning) available to the buyer.
Article 7
Each purchase contract includes the provisions relating to the indexation of the tariffs that apply to it. This indexing is carried out annually on November 1 by applying the coefficient L defined below:
L = 0,3 + 0,3 ICHTTS10 + 0,4 PPEI0
ICHTTS1
PPEI
L = 0,3 + 0,3
+ 0,4
ICHTTS10
PPEI0
formula in which:
1 ° ICHTTS1 is the final value of the last known value on November 1 of each year of the hourly labor cost index (all employees) in the mechanical and electrical industries;
2 ° PPEI is the final value of the last known value on November 1 of each year of the industry producer price and business services index for the whole industry (French market);
3 ° ICHTTS10 and PPEI0 are the final values of the last values known on the effective date of the purchase contract.
Article 8
This decree is applicable to Mayotte.
Article 9
Without prejudice to their application to purchase contracts in progress on the date of publication of this decree and subject to the provisions of article 5, the decrees of October 3, 2001 modified fixing the conditions of purchase of the electricity produced by the installations which recover household or similar waste using biogas from landfill and from April 16, 2002 modified fixing the conditions for the purchase of electricity produced by methanisation are repealed.
Article 10
The director of demand and energy markets is responsible for the implementation of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, on July 10, 2006.
The Minister for Industry,
For the Minister and by delegation:
The Demand Director
and energy markets,
F.Jacq
The Minister of the Economy,
finance and industry,
For the Minister and by delegation:
The Demand Director
and energy markets,
F.Jacq
ANNEX
TARIFFS MENTIONED IN ARTICLE 3 OF THE ORDER
Active electrical energy supplied by the producer is invoiced to the buyer on the basis of the tariffs defined below. They are defined according to the maximum installed power of the installation and can include an energy efficiency bonus called M as well as a methanization bonus called PM. They are expressed in EUR / kWh excluding VAT.
The rate applicable to the energy supplied is equal to: T + M + PM, formula in which:
1 ° T is the reference tariff based on the maximum installed power, defined in accordance with the tables below:
In France :
You can consult the table in the OJ
n ° 171 dated 26/07/2006 text number 22
In the overseas departments, in the local authority of Saint-Pierre-et-Miquelon and in Mayotte:
You can consult the table in the OJ
n ° 171 dated 26/07/2006 text number 22
2 ° M is the energy efficiency bonus, calculated in accordance with the following provisions:
You can consult the table in the OJ
n ° 171 dated 26/07/2006 text number 22
Table in which:
V = (valued thermal energy [sold or self-consumed] + valued electrical energy [sold or self-consumed]) / (primary biogas energy x 0,97).
Intermediate values are obtained by linear interpolation.
The methods for controlling the calculation of the M premium are specified in the purchase contract.
3 ° PM is the methanisation premium equal to 2 cEUR / kWh, applied to the installations mentioned in article 1, with the exception of non-hazardous waste storage installations.
source: http://www.legifrance.gouv.fr/WAspad/Un ... I0607869A#
Version .pdf: https://www.econologie.com/file/technolo ... tarifs.pdf