MARITIME SPATIAL PLANNING POLICY
Since the adoption in August 2015 of the latest Energy Bill (Loi de Transition Energétique pour la Croissance Verte), an objective of 40% renewable energy in the electricity mix by 2030 has been established. The multi-annual Energy Program for the 2018-2023 period is under construction and will define specific objectives in terms of marine energy.
In parallel, France has accelerated its Marine Spatial Planning (MSP) by launching a National Sea and Shore Strategy in 2017.
In this context at the beginning of 2018, a wide consultation based on 2500 contributions and named Mer Littoral 2030 aimed at defining a national strategy dedicated to maritime and shore issues. This consultation treats in detail the spatial planning of Marine Renewable Energy (MRE). The completed work was overseen by the National Sea and Shore Council (Conseil National de la Mer et du Littoral), but also by each of the four Coastal Maritime Councils (Conseil Maritime de Façade) at the local scale. Strategic coastal documents stemming from this concertation and defining the national strategy for the sea are expected by April 2019.
Although France has already implemented spatial planning tools in the past such as the "Schémas de Mise en Valeur de la Mer" (SMVM, which could be translated as "sea enhancement plans"), they are mainly focused on small scale coastal areas. The current ongoing process thus illustrates the growing willingness of public and private actors in France to build a common strategy dedicated to the use, enhancement and protection of maritime areas and resources.
AUTHORITIES INVOLVED
State authorities driving this MSP are involved at a regional level (Regional Prefect, Maritime Prefect) as well as at the national level through the relevant ministries (Environment, Energy, Oceans, Industry).
CONSENTING PROCESS
Since 2017, a simplified consenting process is effective.
Ocean energy project developers in France must fulfill the following permitting and licensing process by requesting:
• A single permit pertaining to environmental issues which includes an environmental impact assessment (EIA), and if needed, one focusing on Natura 2000 impacts, and one dedicated to protected species delivered by the Prefect. Within this permitting procedure, a public consultation is organized by the State;
• If located in territorial waters, a license to occupy the maritime public domain, which takes into account maritime safety and the use of maritime territories (delivered by the Prefect). This licensing requires a public consultation which can be combined with the preceding process.
• For farms rated above 50MW, an authorization delivered by the Ministry of Energy to generate electricity. This authorization is automatically delivered to the laureates of State calls for tender.
In addition, the developer signs a grid connection convention with the French Transmission System Operator (TSO).
ENVIRONMENTAL IMPACT ASSESSMENT
The permit regarding the environment and the license to occupy the maritime public domain require the ocean energy project developer to produce an EIA and, if applicable, a Natura 2000 impact assessment. EIAs are subject to approval by the environmental authority.
The content of the EIA should reflect:
• The environmental sensitivity of the zone likely to be affected by the project;
• The importance and nature of the proposed work and development;
• The foreseen effects on the environment and human health.
The content of the EIA is defined by the environmental code and includes:
• A description of the project, with its different components and phases of construction;
• A description of the initial state of the project zone likely to be affected;
• An analysis of project consequences for the environment and human health within the zone of influence;
• An analysis of cumulative effects of the project with those of other projects either already existing or in development;
• A presentation of measures foreseen to avoid or reduce any substantial negative effects and compensate, whenever possible, important residual negative effects that cannot be avoided or sufficiently reduced (ARO doctrine: Avoid – Reduce – Offset).
LEGISLATION AND REGULATION
The French Government has initiated legislation and regulation simplifications for Ocean Energy Systems over several years in order to facilitate their development and consolidate their funding.
For instance, Decree No. 2016-9 of January 8, 2016, allows the obtaining of a license to occupy the maritime public domain for up to 40 years. This evolution takes into account the specific lifetime of infrastructure and subsea installations, and the relatively long development time of MRE projects.
Moreover, it creates a dedicated and stream-lined process for MRE project deployment requests. As a result, since February 1, 2016, a specific and unique Court (Cour Administrative d’Appel de Nantes) judges all claims regarding: Energy Code authorizations, environmental permits, licenses to occupy the public domain and decisions on successful tenders. It issues the permits for MRE developers, as well as those for the French TSO in charge of grid connections.
Passed in December 2017, the “hydrocarbon” law regulates export cables for MRE farms:
- They will be supplied and maintained by the French TSO for all offshore energies;
- A guaranty mechanism protects the energy producer in terms of damages and delays.
A law is currently under consideration for MRE developers, as well as for the French TSO in charge of grid connections, to allow a new procedure for an all-encompassing permit (“permis enveloppe”). With this permit, developers would not be required to determine all technological choices at the beginning of the project, but would rather define an envelope for some project characteristics. This amendment aims to increase the competitiveness of marine energy projects.
According to this law, and in cases of a call for tenders organized by the State, the documenting of the initial state of the environment will be provided by the State before the opening of the bid.
CONSULTATION
To grant a license or a permit authorizing an activity in the marine environment, the issuing authorities are required to take under consideration the recommendations, comments and advice provided by a wide range of stakeholders in accordance with the existing consultation processes.
In addition, before the launch of a call for tenders, the French State, which is in charge of identifying dedicated sites, conducts wide consultations involving local actors, inhabitants and other users of the zone (including fishermen, sailors, etc.).
During the licensing process for individual projects, non-compulsory public consultations are also organized by the developers.
GUIDANCE AND ADVICE
Information regarding the licensing process is accessible online on French governmental or MRE professional organization websites. A consolidation of processes is ongoing and MRE project developers are responsible for following the evolution of procedures for project licensing.
TEST CENTRES
There is no specific regulation for test centres in France. However, test centres such as SEM-REV (located in Pays de la Loire and dedicated to wave and floating offshore energy technologies), or SEENEOH (located in Bordeaux and dedicated to estuarine stream turbines), are required to hold several authorizations similar to those for MRE projects:
• An environmental permit which includes an EIA;
• A license to occupy the maritime public domain while respecting current water regulations;
• A power generation permit granted by the Ministry of Energy.
As the consents are held by the test site, developers who use the test sites do not have to undergo the full consenting process. Developers are still required to demonstrate that they respect the test site consent conditions as agreed upon by the Authorities and the test site.
